Current through Reg. 49, No. 38; September 20, 2024
(a) Minimum
eligibility requirements for promotor(a) or community health worker
certification. The following requirements apply to persons applying for
certification:
(1) Texas residency;
(2) at least 16 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
identified in policy through completion of a certified competency-based
training provided by an approved training program within the past three years
or through verification of at least 1,000 hours of related experience within
the past three years.
(b)
Application requirements for a promotor(a) or community health worker. 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) of 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 must 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 promotor(a) or
community health worker a certificate with an expiration date and a certificate
number. An identification card shall be included for a promotor(a) or community
health worker.
(2) The department
replaces a lost, damaged, or destroyed certificate or identification card upon
written request.
(g)
Certificate renewal.
(1) A promotor(a) or
community health worker 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) A promotor(a) or community
health worker 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, a promotor(a) or community health worker may request
one 90-day extension to complete the continuing education requirement and apply
for certificate renewal.
(h) 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. A promotor(a) or community health
worker must also 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.