Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 557 - MEDICATION AIDES-PROGRAM REQUIREMENTS
Section 557.129 - Alternate Licensing Requirements for Military Service
Universal Citation: 26 TX Admin Code ยง 557.129
Current through Reg. 49, No. 38; September 20, 2024
(a) Fee waiver based on military experience.
(1) HHSC waives the combined permit
application and examination fee described in §
557.109(c)(1)(A)
of this chapter (relating to Application Procedures) and the permit application
fee described in §
557.125(g)(1) of
this chapter (relating to Requirements for Corrections Medication Aides) for an
applicant if HHSC receives and approves a request for a waiver of fees through
the online portal from the applicant in accordance with this
subsection.
(2) To request a waiver
of fees under this subsection, an applicant must submit a written request for a
waiver with the applicant's application for a permit submitted to HHSC through
the online portal in accordance with this section. The applicant must include
with the request:
(A) documentation of the
applicant's status as a military service member, military veteran, or military
spouse that is acceptable to HHSC;
(B) documentation of the type and dates of
the service, training, and education the applicant received and an explanation
as to why the applicant's military service, training, and education
substantially meets all of the requirements for a permit under this chapter;
and
(C) for status as a military
spouse:
(i) a copy of a marriage certificate
issued to the applicant by a state of the United States or a foreign
government; and
(ii) a copy of a
current military service order issued to the applicant's spouse by the armed
forces of the United States, the State of Texas, or another
state.
(3)
Documentation of military status that is acceptable to HHSC includes:
(A) for status as a military service member,
a copy of a current military service order issued to the applicant by the armed
forces of the United States, the State of Texas, or another state;
and
(B) for status as a military
veteran, a copy of a military service discharge order issued to the applicant
by the armed forces of the United States, the State of Texas, or another
state.
(4) If HHSC
requests additional documentation, the applicant must submit the requested
documentation.
(5) HHSC approves a
request for a waiver of fees submitted in accordance with this subsection if
HHSC determines that the applicant is a military service member or a military
veteran and the applicant's military service, training, and education
substantially meet all of the requirements for licensure under this
chapter.
(b) Fee waiver based on reciprocity.
(1) HHSC waives the
combined permit application and examination fee described in §
557.109(c)(1)(A)
of this chapter and the permit application fee described in §
557.125(g)(1) of
this chapter for an applicant if HHSC receives and approves a request through
the online portal for a waiver of fees from the applicant in accordance with
this subsection.
(2) To request a
waiver of the fee under this subsection, an applicant must include a written
request for a waiver of the fee with the applicant's application that is
submitted to HHSC through the online portal in accordance with §
557.107(f)
(relating to Training Requirements; Nursing Graduates; Reciprocity) of this
chapter. The applicant must include with the request documentation of the
applicant's status as a military service member, military veteran, or military
spouse that is acceptable to HHSC.
(3) Documentation of military status that is
acceptable to HHSC includes:
(A) for status as
a military service member, a copy of a current military service order issued to
the applicant by the armed forces of the United States, the State of Texas, or
another state;
(B) for status as a
military veteran, a copy of a military service discharge order issued to the
applicant by the armed forces of the United States, the State of Texas, or
another state; and
(C) for status
as a military spouse:
(i) a copy of a marriage
certificate issued to the applicant by a state of the United States or a
foreign government; and
(ii) a copy
of a current military service order issued to the applicant's spouse by the
armed forces of the United States, the State of Texas, or another
state.
(4) If
HHSC requests additional documentation, the applicant must submit the requested
documentation.
(5) HHSC approves a
request for a waiver of the fee submitted in accordance with this subsection if
HHSC determines that:
(A) the applicant holds
a license, registration, certificate, or permit as a medication aide in good
standing in another jurisdiction with licensing requirements substantially
equivalent to or that exceed the requirements for a permit under this chapter;
and
(B) the applicant is a military
service member, a military veteran, or a military
spouse.
(c) Additional time for permit renewal.
(1) HHSC
gives a medication aide an additional two years to complete the permit renewal
requirements described in §
557.115 of this chapter (relating
to Permit Renewal) if HHSC receives and approves through the online portal a
request for additional time to complete the permit renewal requirements from a
medication aide in accordance with this subsection.
(2) To request additional time to complete
permit renewal requirements, a medication aide must:
(A) submit a written request for additional
time to HHSC through the online portal before the expiration date of the
medication aide's permit; and
(B)
include, along with the request, documentation of the medication aide's status
as a military service member that is acceptable to HHSC, which includes a copy
of a current military service order issued to the medication aide by the armed
forces of the United States, the State of Texas, or another
state.
(3) If HHSC
requests additional documentation, the medication aide must submit the
requested documentation.
(4) HHSC
approves a request for two additional years to complete permit renewal
requirements submitted in accordance with this subsection if HHSC determines
that the medication aide is a military service member, except HHSC does not
approve a request if HHSC granted the medication aide a previous extension and
the medication aide has not completed the permit renewal requirements during
the two-year extension period.
(5)
If a medication aide does not submit the written request described by paragraph
(2) of this subsection before the expiration date of the medication aide's
permit, HHSC will consider a request after the expiration date of the permit if
the medication aide establishes to the satisfaction of HHSC that the request
was not submitted before the expiration date of the medication aide's permit
because the medication aide was serving as a military service member at the
time the request was due.
(d) Renewal of expired permit.
(1) HHSC renews an expired permit if HHSC
receives and approves a request for renewal from a former medication aide
through the online portal in accordance with this subsection.
(2) To request renewal of an expired permit,
a former medication aide must submit a written request with a permit renewal
application through the online portal within five years after the former
medication aide's permit expired. The former medication aide must include with
the request documentation of the former medication aide's status as a military
service member, military veteran, or military spouse that is acceptable to
HHSC.
(3) Documentation of military
status that is acceptable to HHSC includes:
(A) for status as a military service member,
a copy of a current military service order issued to the former medication aide
by the armed forces of the United States, the State of Texas, or another
state;
(B) for status as a military
veteran, a copy of a military service discharge order issued to the former
medication aide by the armed forces of the United States, the State of Texas,
or another state; and
(C) for
status as a military spouse:
(i) a copy of a
marriage certificate issued to the former medication aide by a state of the
United States or a foreign government; and
(ii) a copy of a current military service
order issued to the former medication aide's spouse by the armed forces of the
United States, the State of Texas, or another
state.
(4) If
HHSC requests additional documentation, the former medication aide must submit
the requested documentation.
(5)
HHSC approves a request for renewal of an expired permit submitted in
accordance with this subsection if HHSC determines that:
(A) the former medication aide is a military
service member, military veteran, or military spouse;
(B) the former medication aide has not
committed an offense listed in Texas Health and Safety Code §
250.006(a) or
(c) and has not committed an offense listed
in Texas Health and Safety Code §
250.006(b)
during the five years before the date the former medication aide submitted the
initial permit application;
(C) the
former medication aide is not listed on the EMR; and
(D) the former medication aide is not listed
with revoked or suspended status on the NAR.
(e) Recognition of Out-of-State Permit of Military Spouse.
(1) A military spouse may
engage in the practice of a medication aide in Texas without obtaining a
permit, according to the application requirements of §
557.103 of this chapter (relating
to Requirements for Administering Medications), §
557.125 of this chapter (relating
to Requirements for Corrections Medication Aides) or §
557.128 of this chapter (relating
to Home Health Medication Aides), if the spouse:
(A) is currently licensed in good standing by
another jurisdiction that has permitting requirements substantially equivalent
to the requirements for a permit in Texas;
(B) notifies HHSC in writing of the spouse's
intent to practice in Texas;
(C)
submits to HHSC proof of the spouse's residence in this state and a copy of the
spouse's military identification; and
(D) receives from HHSC:
(i) confirmation that HHSC has verified the
spouse's permit in the other jurisdiction; and
(ii) a permit to practice as a medication
aide in Texas.
(2) HHSC will review and evaluate the
following criteria when determining whether another state's permitting
requirements are substantially equivalent to the requirement for a permit under
the statutes and regulations of this state:
(A) whether the other state requires an
applicant to pass an examination that demonstrates competence in the field to
obtain the permit;
(B) whether the
other state requires an applicant to meet any experience qualifications to
obtain the permit;
(C) whether the
other state requires an applicant to meet education qualifications to obtain
the permit; and
(D) the other
state's permit requirements, including the scope of work authorized to be
performed under the permit issued by the other state.
(3) The military spouse must submit:
(A) a written request to HHSC for recognition
of the spouse's permit issued by the other state;
(B) any form and additional information
regarding the permit issued by the other state required by the rules of the
specific program or division within HHSC that licenses the business or
occupation;
(C) proof of residence
in this state, which may include a copy of the permanent change of station
order for the military service member to whom the military spouse is
married;
(D) a copy of the military
spouse's identification card;
(E)
proof the military service member is stationed at a military installation in
Texas; and
(F) proof that
fingerprints submitted to the Texas Department of Public Safety for a Federal
Bureau of Investigation criminal background check enable HHSC to confirm that
the military spouse is in compliance with other laws and regulations applicable
to medication aides in Texas.
(4) Upon verification from the permitting
jurisdiction of the military spouse's permit, and if the permit is
substantially equivalent to a Texas permit, HHSC shall issue a confirmation
that HHSC has verified the spouse's permit in the other jurisdiction and a
permit to practice as a medication aide in Texas.
(5) The permit issued under paragraph (4) of
this subsection will expire three years from date of issuance or when the
military service member is no longer stationed at a military installation in
Texas, whichever comes first. The permit issued under paragraph (4) of this
subsection may not be renewed.
(6)
HHSC replaces a lost, damaged, or destroyed permit for a military spouse as
provided in §
557.117 of this chapter (relating
to Changes). A military spouse with an active medication aide permit can print
a duplicate permit through the online portal. A military spouse can request a
change of name through the online portal by submitting a name change
application.
(7) The military
spouse shall comply with all applicable laws, rules, and standards of this
state, including applicable Texas Health and Safety Code and Texas
Administration Code provisions.
(8)
HHSC may withdraw or modify the verification letter for reasons including:
(A) the military spouse fails to comply with
subsection (i) of this section; or
(B) the military spouse's licensure required
under paragraph (1)(A) of this subsection expires or is suspended or revoked in
another jurisdiction.
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