Current through Reg. 49, No. 12; March 22, 2024
(a) Applicability.
This section implements Texas Occupations Code, Chapter 112. This section
applies to a person who holds a midwife license issued by the
department.
(b) Eligibility. To be
eligible for a retired voluntary charity care status license, the person must:
(1) hold an active midwife license issued by
the department;
(2) not have any
pending or current disciplinary actions against the person or the person's
license; and
(3) not be employed,
under contract, or otherwise engaged in the practice of midwifery for
compensation.
(c) Initial
application. To apply for a retired voluntary charity care status license, the
person must:
(1) submit a completed
application on a department-approved form;
(2) certify in writing that the person is
retired and will provide only voluntary charity care;
(3) submit any fee required under
§115.80; and
(4) successfully
pass a criminal history background check.
(d) Practice. A person holding a retired
voluntary charity care status license:
(1) may
not provide midwifery services for compensation; and
(2) is limited to providing only those
services authorized under a midwife license.
(e) Disciplinary actions. A person holding a
retired voluntary charity care status license is subject to disciplinary action
for:
(1) a violation of the Act or the rules
adopted under this chapter;
(2)
obtaining, or attempting to obtain, retired voluntary charity care status by
submitting false or misleading information to the department; or
(3) engaging in the practice of midwifery for
compensation.
(f) License
term. A retired voluntary charity care status license is valid for two years
from the date of issuance and may be renewed biennially.
(g) Renewal.
(1) To renew a retired voluntary charity care
status license, a licensee must:
(A) submit a
completed application on a department-approved form;
(B) submit all the items required for renewal
of a midwife license under §115.14, with the exception that only five
hours of continuing education must be completed;
(C) submit any fee required under
§115.80; and
(D) successfully
pass a criminal history background check.
(2) A person whose retired voluntary charity
care status license has expired may late renew the license in accordance with
the department's procedural rules at 16 TAC §
60.31 and §60.83.
(3) A person whose retired voluntary charity
care status license has expired may not practice or engage in midwifery or
perform voluntary charity care.
(h) Returning to active status.
(1) A person who holds a retired voluntary
charity care status license and who wants to return to active status must:
(A) submit a completed application on a
department-approved form;
(B)
complete 10 hours of continuing education in the 12 months preceding the
application;
(C) submit the midwife
license renewal application fee required under §115.80; and
(D) successfully pass a criminal history
background check.
(2) The
application must be approved by the department before the person can return to
active status and provide midwifery services for compensation.
