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ARTICLE II SERVICES <br />Section 2.01 Education to Persons in Residential Facilities. If applicable, Contractor shall <br />ensure that all persons, who are housed in Department- licensed and/or - funded residential <br />facilities and who are twenty -two (22) years of age or younger, have access to educational <br />services as required by Tex. Educ. Code § 29.012. Contractor shall notify the local education <br />agency or local early intervention program as prescribed by Tex. Educ. Code § 29.012 not later <br />than the third calendar day after the date a person who is twenty -two (22) years of age or <br />younger is placed in Contractor's residential facility. <br />Section 2.02 Disaster Services. In the event of a local, state, or federal emergency, including <br />natural, man -made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by <br />the Governor, or as a federal disaster by the appropriate federal official, Contractor may be <br />called upon to assist DSHS in providing services, as appropriate, in the following areas: <br />community evacuation; health and medical assistance; assessment of health and medical needs; <br />health surveillance; medical care personnel; health and medical equipment and supplies; patient <br />evacuation; in- hospital care and hospital facility status; food, drug, and medical device safety; <br />worker health and safety; mental health and substance abuse; public health information; vector <br />control and veterinary services; and victim identification and mortuary services. Disaster <br />services shall be carried out in the manner most responsive to the needs of the emergency, be <br />cost - effective, and be least intrusive on the primary services of the Contractor. <br />Section 2.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental, <br />psychological or surgical treatment to a minor under this Contract, either directly or through <br />contracts with subcontractors, the treatment of a minor shall be provided only if informed <br />consent to treatment is obtained pursuant to Tex. Fam. Code, Chapter 32, relating to consent to <br />treatment of a child by a non - parent or child or pursuant to other state law. If requirements of <br />federal law relating to consent directly conflict with Tex. Fam. Code, Chapter 32, federal law <br />shall supersede state law. <br />Section 2.04 Telemedicine Medical Services. Contractor shall ensure that if Contractor or its <br />subcontractor uses telemedicine /telepsychiatry that the services are implemented in accordance <br />with written procedures and using protocol approved by the Contractor's medical director and <br />utilizing equipment that complies with the equipment standards as required by the Department. <br />Procedures of telemedicine service provision must include the following requirements: <br />a) clinical oversight by the Contractor's medical director or designated physician <br />responsible for medical leadership; <br />b) contraindication considerations for telemedicine use; <br />c) qualified staff members to ensure the safety of the individual being served by <br />telemedicine at the remote site; <br />d) safeguards to ensure confidentiality and privacy in accordance with state and federal <br />laws; <br />e) use by credentialed licensed providers providing clinical care within the scope of their <br />licenses; <br />f) demonstrated competency in the operations of the system by all staff members who are <br />involved in the operation of the system and provision of the services prior to initiating the <br />protocol; <br />General Provisions (Core Subrecipient) 2010 6 <br />