Current through Reg. 49, No. 38; September 20, 2024
(a) Minimum
eligibility requirements for instructor certification. The following
requirements apply to persons applying for certification:
(1) Texas residency;
(2) at least 18 years of age;
(3) lack of physical or mental impairment,
which in accordance with the Americans with Disabilities Act interferes with
the performance of duties or otherwise constitutes a hazard to the health or
safety of the persons being served; and
(4) achievement of core competencies in
instruction or training as identified in policy through completion of certified
competency-based instructor training within the past three years or through
department verification of at least 1,000 hours related training experience
within the past three years.
(b) Application requirements for instructors.
The department specifies the required information and documentation that an
applicant shall complete and the department notifies the applicant if the
application is incomplete.
(c)
Application approval. The department approves any application which complies
with this chapter and which properly documents applicant eligibility, unless
the application is disapproved under the provisions of subsection (d) of this
section.
(d) Disapproved
applications.
(1) The department may
disapprove the application if the applicant:
(A) has not met the eligibility and
application requirements set out in this chapter;
(B) has failed or refused to properly
complete or submit any required information or has knowingly presented false or
misleading information in the application process;
(C) has engaged in unethical conduct as
defined in §
146.7
of this chapter (relating to Professional and Ethical Standards);
(D) has been convicted of a felony or
misdemeanor directly related to the duties and responsibilities of a
promotor(a) or community health worker or instructor as set out in §
146.8
of this chapter (relating to Enforcement); or
(E) has developed an incapacity which in
accordance with the Americans with Disabilities Act prevents the person from
practicing with reasonable skill, competence, and safety to the public as the
result of:
(i) an illness;
(ii) drug or alcohol dependency; or
(iii) another physical or mental
condition or illness.
(2) If the department determines that the
application should not be approved because it is incomplete, the department
gives the applicant written notice of the reason for the disapproval and the
opportunity for re-application.
(3)
If the department determines that the application should not be approved
because experience requirements are not met, the department gives the applicant
written notice of the reason for the disapproval and the opportunity for
re-application after sufficient experience is obtained.
(4) An applicant whose application has been
disapproved for a reason other than paragraph (2) or (3) in this subsection,
may appeal the disapproval under the fair hearing procedures found in Chapter
1, Subchapter C of this title (relating to Fair Hearing
Procedures).
(e) Changes
of name and address.
(1) The department
changes the status of a certification to inactive upon receipt of notification
that the certificate holder no longer lives in Texas.
(2) Notification of name changes shall be
submitted to the department and include a copy of a marriage certificate, court
decree evidencing such change, Texas driver's license or identification card,
or a social security card reflecting the new name before a certificate or
identification card is issued by the department.
(f) Certificate.
(1) The department issues the instructor a
certificate with an expiration date and a certificate number. An identification
card shall be included for a certified instructor.
(2) The department replaces a lost, damaged,
or destroyed certificate or identification card upon written request.
(g) An instructor must
be affiliated with an approved training program in order to provide
department-certified training to certified promotores or community health
workers or instructors.
(h)
Certificate renewal.
(1) An instructor shall
renew the certificate every two years in accordance with policy. Failure to
receive notification from the department before the expiration date will not
excuse failure to file for renewal.
(2) An instructor must complete at least 20
contact hours of continuing education acceptable to the department and related
to the core competencies during each certification period.
(3) Before certificate expiration, an
instructor may request one 90-day extension to complete the continuing
education requirement and apply for certificate renewal.
(i) Late renewals.
(1) A person whose certificate has expired
for not more than one year may renew the certificate by submitting to the
department the completed renewal application. An instructor must submit proof
of compliance with continuing education requirements for renewal as set out in
this section before the late renewal is effective. A certificate issued under
this subsection shall expire two years from the date the previous certificate
expired.
(2) A person whose
certification has been expired for more than one year must meet the
requirements under subsection (a) of this section and apply for a new
certificate.