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RULE §557.109Application Procedures

(a) An applicant for a permit under Texas Health and Safety Code, Chapter 242, Subchapter N, who complies with §557.107(a) of this chapter (relating to Training Requirements; Nursing Graduates; Reciprocity) must, no later than 20 days after enrollment in a training program:

  (1) complete an application, including the following materials:

    (A) the general statement enrollment form, which must contain:

      (i) specific information regarding the applicant's personal data, certain misdemeanor and felony convictions, work experience, education, and training;

      (ii) a statement that the applicant has met all the requirements in §557.107(b) of this chapter before the start of the program;

      (iii) a statement that the applicant understands that application fees submitted in the permit process are nonrefundable;

      (iv) a statement that the applicant understands materials submitted in the application process are nonreturnable;

      (v) a statement that the applicant understands that it is a misdemeanor to falsify any information submitted to HHSC; and

      (vi) the applicant's signature, which has been dated and notarized; and

    (B) a certified copy or a notarized photocopy of the applicant's unaltered, original, high school diploma or transcript or the written results of a general educational development (GED) test demonstrating that the applicant passed the GED test, unless the applicant is applying under §557.107(e) of this chapter;

  (2) submit the application to HHSC; and

  (3) submit the applicant's fingerprints to the Texas Department of Public Safety for a Federal Bureau of Investigations criminal background check.

(b) HHSC considers an application under subsection (a) of this section as officially submitted when HHSC receives the permit application and examination fee.

(c) An applicant must pay the combined permit and examination fees by cashier's check or money order made payable to the Health and Human Services Commission, or by other HHSC-approved payment methods. All fees are nonrefundable, except as provided by Texas Government Code, Chapter 2005.

  (1) The fee schedule is as follows:

    (A) combined permit application and examination fee--$25;

    (B) renewal fee--$15;

    (C) late renewal fees for permit renewals made after the permit expires:

      (i) $22.50 for an expired permit renewed from one to 90 days after expiration;

      (ii) $30 for an expired permit renewed from 91 days to one year after expiration;

      (iii) $30 for a former medication aide who meets the criteria in §557.115(c)(5) of this chapter (relating to Permit Renewal); and

    (D) permit replacement fee--$5.

  (2) An initial or a renewal application is considered incomplete until the fee has been received and cleared through the appropriate financial institution.

  (3) The fee schedule that applies to the correctional medication aide is in §557.125 of this chapter (relating to Requirements for Corrections Medication Aides), and the fee schedule that applies to the home health medication aide is in §557.128 of this chapter (relating to Home Health Medication Aides).

(d) HHSC verifies the accreditation of the high school that issued the diploma or transcript, or the testing service or program that certified the GED test required by subsection (a)(1)(B) of this section. If HHSC is unable to verify the accreditation status of the school, testing service, or program, and HHSC requests additional documentation from the applicant to verify the accreditation status, the applicant must provide the documentation to HHSC.

(e) HHSC sends a notice listing the additional materials required to an applicant who does not submit a complete application. An applicant must submit a complete application by the date of HHSC final exam.

(f) HHSC sends notice of HHSC application approval or deficiency to an applicant in accordance with §557.121 of this chapter (relating to Permitting of Persons with Criminal Backgrounds) or §557.127 of this chapter (relating to Application Processing).

Source Note: The provisions of this §557.109 adopted to be effective September 24, 2018, 43 TexReg 6328; amended to be effective December 26, 2021, 46 TexReg 9054

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