1. (a) A LIDDA must ensure a PE or resident review is conducted by a person who:

   1. (1) is a QIDP; or

   2. (2) has one of the following qualifications and at least one year of experience working directly with persons with intellectual disability or other developmental disabilities:

      1. (A) RN;
      2. (B) LCSW;
      3. (C) LPC;
      4. (D) LMFT;
      5. (E) Licensed Psychologist;
      6. (F) APRN; or
      7. (G) Physician.

2. (b) An LMHA or LBHA must ensure a PE or resident review is conducted by a person who is a:

   1. (1) QMHP-CS;
   2. (2) RN;
   3. (3) LCSW;
   4. (4) LPC;
   5. (5) LMFT;
   6. (6) Licensed Psychologist;
   7. (7) APRN;
   8. (8) Physician; or
   9. (9) PA.

3. (c) A LIDDA, LMHA, and LBHA must:

   1. (1) before a staff person conducts a PE or resident review, ensure the staff person:

      1. (A) receives HHSC-developed training about how to conduct a PE and resident review; and
      2. (B) demonstrates competency in completing a PE and resident review; and
   2. (2) maintain documentation of the training received by a staff person who conducts a PE or resident review.

Source Note:The provisions of this §303.303 adopted to be effective July 7, 2019, 44 TexReg 3265.