Part 2. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES

Chapter 108. DIVISION FOR EARLY CHILDHOOD INTERVENTION SERVICES

Subchapter A. EARLY CHILDHOOD INTERVENTION SERVICE DELIVERY

40 TAC §§108.23, 108.27, 108.47, 108.48

The Texas Health and Human Services Commission proposes amendments and new sections to the rules of the Department of Assistive and Rehabilitative Services in Title 40, Part 2, Chapter 108, concerning the Division for Early Childhood Intervention. This proposal amends §108.23, Definitions, and §108.27, Program Administration for Comprehensive Services; and adds new §108.47, Early Intervention Specialist Code of Ethics, and new §108.48, Violations of the EIS Code of Ethics.

These changes are being proposed pursuant to 20 U.S.C.A. 1435(a)(8), to provide updated definitions; to provide changes to continuing professional education; to add an Early Intervention Specialist Code of Ethics; and to provide information regarding violations of ethical standards.

Bill Wheeler, Chief Financial Officer, Department of Assistive and Rehabilitative Services, estimates that for each year of the first five years that the rules will be in effect, there will be no material fiscal implications for state or local government.

Mr. Wheeler also estimates that for each year of the first five years the rules will be in effect, the public benefit anticipated as a result of adopting the proposed rules will be the agency's compliance with Human Resources Code, Chapter 73, and other existing provisions of law pertaining to provision of health and human services in Texas. There should be no material economic cost to persons who are required to comply with the rules as proposed. There should be no material effect to small or micro businesses. In accordance with Government Code §2001.022, the Health and Human Services Commission has determined that the proposed rules will not affect a local economy.

Comments on the proposal may be submitted to Barbara M. Lazard, Assistant General Counsel, Department of Assistive and Rehabilitative Services, 4800 North Lamar Boulevard, Suite 300, Austin, Texas 78756.

The amendments and new rules are proposed under the Government Code, Chapter 531, §531.0055(e), which provides the Executive Commissioner of the Health and Human Services Commission with the authority to promulgate rules for the operation and provision of health and human services by health and human services agencies.

No other statute, article, or code is affected by this proposal.

§108.23.Definitions.

The following words and terms, when used in this chapter, will have the following meanings, unless the context clearly indicates otherwise.

(1) - (9) (No change.)

(10) Dual relationships--Dual relationships occur when the early intervention specialist engages in activities with the family that goes beyond his or her professional boundaries.

(11) [ (10) ] Early Childhood Intervention Program (ECI)--The total effort in Texas directed toward meeting the needs of children eligible under this chapter and their families.

(12) [ (11) ] Evaluation--The procedures used by appropriate qualified personnel to determine the child's initial and continuing eligibility, consistent with the definition of infants and toddlers with developmental delay, including determining the status of the child in areas of cognitive development, physical development, communication development, social-emotional development, and adaptive development or self-help skills.

(13) Exploit--To use or manipulate to one's own advantage.

(14) Family--A group of individuals in the same household who identify themselves as a family. Members of a family may include, for example, parents, adoptive parents, step-parents, children, adult dependents, and other people residing in the household and considered as members of the family.

(15) [ (12) ] Family Educational Rights and Privacy Act of 1974 (FERPA)--20 U.S.C. Section 1232g; 34 CFR Part 99 - Federal law that outlines privacy protection for parents and children enrolled in the ECI program. FERPA includes rights to confidentiality and restrictions on disclosure of personally identifiable information, and the right to inspect records.

(16) [ (13) ] Full year services--The availability of an array of comprehensive services throughout the calendar year.

(17) [ (14) ] Include(ing)--The items named are not all of the possible items that are covered whether like or unlike the ones named.

(18) [ (15) ] Individual professional development plan (IPDP)--A written plan for in-service or continuing education to be prepared annually for each staff person in a program.

(19) [ (16) ] Individualized family service plan (IFSP)--A written plan, developed by the interdisciplinary team, based on all assessment and evaluation information, including the family's description of their strengths and needs, which outlines the early intervention services for the child and the child's family.

(20) [ (17) ] Intake--The first face-to-face contact with a parent following initial referral.

(21) [ (18) ] Interdisciplinary team--The child's parent(s) and a minimum of two professionals from different disciplines who meet to share evaluation information, determine eligibility, assess needs, and develop the IFSP. The team must include the service coordinator who has been working with the family since the initial referral or the person responsible for implementing the IFSP and a person directly involved in conducting the evaluations and assessments.

(22) Intimate Relationships--Sexual relationships, or extremely close and familiar friendships.

(23) [ (19) ] Parent--A natural or adoptive parent of a child, a guardian, a person acting in the place of a parent (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare), or an appointed surrogate parent. Term does not include state if child is ward of the state.

(24) [ (20) ] Personally identifiable information--Information which includes:

(A) the name of the child;

(B) the name of the child's parent, or other family member;

(C) the address of the child, parent, or other family member;

(D) a personal identifier, such as the child's or parent's social security number; or

(E) a list of personal characteristics or other information that would make it possible to identify or trace the child, the parent, or other family member, with reasonable certainty.

(25) [ (21) ] Primary referral sources--Individuals or organizations which refer children including but not limited to:

(A) hospitals, including prenatal and postnatal care facilities;

(B) physicians;

(C) parents;

(D) day care programs;

(E) local educational agencies;

(F) public health facilities;

(G) other social service agencies;

(H) other health care providers; and

(I) congregate care facilities.

(26) Professional Boundaries--Professional boundaries are physical and emotional limits to the relationship between the EIS and the family. Professional boundaries help to maintain a relationship that keeps the focus on helping the family.

(27) [ (22) ] Program--A division of a local agency with the express and sole purpose of implementing comprehensive early childhood intervention services to children with developmental delays and their families.

(28) [ (23) ] Provide--A local private or public agency with proper legal status and governed by a board of directors that accepts funds from the Department to administer the Early Childhood Intervention (ECI) Program.

(29) [ (24) ] Public agency--The Department and any other political subdivision of the state that is responsible for providing early intervention services to eligible children under the Individuals with Disabilities Education Act, Part C.

(30) [ (25) ] Public health clinic--Any clinic that provides pediatric physical examinations and receives public funding from federal, state, city, or county governments.

(31) [ (26) ] Qualified--A person who has met state approval or recognized certificate, license, registration, or other comparable requirements that apply to the area in which the person is providing early intervention services.

(32) [ (27) ] Referral date--The date the child's name and sufficient information to contact the family was obtained by the agency receiving funds for ECI services from the Department.

(33) [ (28) ] Service coordinator (case manager)--A staff person with a local ECI provider who is assigned to a child or family, who is the single contact point for families, and who is responsible for assisting and empowering families to receive the rights, procedural safeguards, and services authorized by these rules and Department policy and procedures. The service coordinator is from the profession most immediately related to the child's or family's needs. (The term profession includes service coordination.)

(34) [ (29) ] Services--Individualized intervention services, as determined by the interdisciplinary team and listed in the IFSP. Services are further defined in §108.25(5)(C) - (E) of this title (relating to Service Delivery Requirements).

(35) [ (30) ] Supplanting--The withdrawal of local, private, or other public funds for services which were available during the previous year of funding.

(36) [ (31) ] Surrogate parent--An individual appointed or assigned to take the place of a parent for the purposes of Chapter 73 of the Human Resources Code when no parent can be identified or located or when the child is under managing conservatorship of the state. A surrogate parent appointed under this chapter shall act to advocate for or represent the child, relating to the identification, evaluation, educational placement, and provision of the Individuals with Disabilities Education Act, Part C services.

(37) [ (32) ] Transportation services--Travel and other related costs that are necessary to enable a child or family to receive early intervention services.

(38) [ (33) ] UGMS--Uniform grant management standards adopted by the governor's Office of Budget and Planning in 1 TAC §§5.141 - 5.167 under the authority of Chapter 783, Government Code.

§108.27.Program Administration for Comprehensive Services.

(a) (No change.)

(b) Program requirements.

(1) - (4) (No change.)

(5) Staff composition and qualifications.

(A) - (C) (No change.)

(D) The following qualifications and responsibilities apply to early intervention specialist (EIS) [ EIS ] Professionals.

(i) - (iv) (No change.)

(v) Continuing professional education requirements. EIS Professionals must meet annual continuing professional education requirements to maintain their status. Continuing professional education consists of the planned individual learning experiences as described in the EIS Professional's annual Individual Professional Development Plan (IPDP), which shall include completion of a minimum of ten contact hours of approved continuing professional development education experiences. In addition, EIS Professionals must obtain three hours of training in ethics every two years.

(vi) (No change.)

(vii) Registry. The Department shall issue certificates of recognition to and maintain a registry of individuals who are enrolled in and successfully complete the requirements to be Fully Qualified EIS Professionals. Information and documentation in the EIS Registry is subject to the Public Information Act.

(viii) - (ix) (No change.)

(E) - (F) (No change.)

(6) - (16) (No change.)

§108.47.Early Intervention Specialist Code of Ethics.

An Early Intervention Specialist (EIS) must observe and comply with the following standards of conduct in the EIS code of ethics.

(1) EISs must know and comply with both their program's policies and the Department of Assistive and Rehabilitative Services (DARS) Division for Early Childhood Intervention Services Policy.

(2) EISs must operate only within the boundaries provided by their education, training and credentials.

(3) EISs must take measures to avoid imposing or inflicting harm.

(4) EISs must truthfully represent their services, professional credentials, and qualifications. EISs must inform families of the scope and limitations of their credentials.

(5) EISs must strive to maintain and improve their professional knowledge, skills, and abilities.

(6) EISs must maintain the confidentiality of families served by the ECI Program in accordance with DARS Division for Early Childhood Intervention Services Policy.

(7) EISs must establish professional boundaries and avoid establishing dual relationships or conflicts of interest with families. Any prior relationships with a family member must be reported to the EIS's supervisor immediately.

(8) Sexual or intimate relationships are prohibited between EIS and family members of children enrolled in the ECI program that employs the EIS and up to three years after the child "exits" the ECI program.

(9) Financial relationships between EIS and family members of children enrolled in the ECI program that employs the EIS are prohibited until the child "exits" the ECI program.

(10) EISs must not exploit their position of trust and influence with a family by benefiting from relationships established as an EIS.

(11) EISs must not provide direct service while impaired, including impairments that are due to the use of medication, illicit drugs, or alcohol.

(12) EISs must not falsify documentation.

(13) EISs must not refuse to provide services for which they are credentialed solely on the basis of a child's and/or family's gender, race, socioeconomic status, ethnicity, color, religion, national origin, disability, sexual orientation, or political affiliation.

(14) EISs must make reasonable efforts to ensure that families receive appropriate services when the EISs are unavailable or anticipate that they will no longer be employed with the ECI program.

(15) EISs have a professional obligation to report unethical behavior demonstrated by colleagues throughout the ECI system to their program director and to the appropriate board or state agency.

§108.48.Violations of the EIS Code of Ethics.

(a) An EIS who violates any of the standards outlined in §108.47 of this subchapter (relating to Early Intervention Specialist Code of Ethics), is subject to his or her employer's disciplinary procedures. Additionally, the EIS's employer must complete an EIS Code of Ethics Incident Report and send a copy to DARS Division for Early Childhood Intervention Services.

(b) The EIS Code of Ethics Incident Report is kept in the EIS's Registry file at DARS Division for Early Childhood Intervention Services.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 2, 2007.

TRD-200703371

Sylvia F. Hardman

General Counsel

Department of Assistive and Rehabilitative Services

Earliest possible date of adoption: September 16, 2007

For further information, please call: (512) 424-4050