| (2) To request renewal of an expired license, a former
NFA must submit a written request with a license renewal application
within five years after the former NFA's license expired. The former
NFA must include with the request documentation of the former administrator'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 NFA 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 NFA 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 NFA 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 NFA'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 NFA must submit the requested documentation.
(5) HHSC approves a request for renewal of an expired
license submitted in accordance with this subsection if HHSC determines
that:
(A) the former NFA is a military service member, military
veteran, or military spouse;
(B) the former NFA has not committed an offense listed
in Texas Health and Safety Code (THSC) §250.006(a) and has not
committed an offense listed in THSC §250.006(b) during the five
years before the date the former NFA submitted the initial license
application; and
(C) the former NFA is not listed on the employee misconduct
registry described in THSC Chapter 253.
(g) Recognition of Out-of-State License of Military
Spouse.
(1) A military spouse may engage in the practice of
nursing facility administration in Texas without obtaining a license,
as required by §555.31 of this subchapter (relating to Initial
License) or §555.32 of this subchapter (relating to Provisional
License), if the spouse:
(A) is currently licensed in good standing by another
jurisdiction that has licensing requirements substantially equivalent
to the requirements for a license 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
license in the other jurisdiction; and
(ii) a license to practice nursing facility administration
in Texas.
(2) HHSC will review and evaluate the following criteria
when determining whether another state's licensing requirements are
substantially equivalent to the requirement for a license 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 license;
(B) whether the other state requires an applicant to
meet any experience qualifications to obtain the license;
(C) whether the other state requires an applicant to
meet education qualifications to obtain the license;
(D) whether the other state denies an application for
licensure from an applicant who has been convicted of an offense containing
elements similar to offenses listed in §555.41(c) of this subchapter;
and
(E) the other state's license requirements, including
the scope of work authorized to be performed under the license issued
by the other state.
(3) The military spouse must submit:
(A) a written request to HHSC for recognition of the
spouse's license issued by the other state;
(B) any form and additional information regarding the
license 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) fingerprints for a Texas Department of Public Safety
criminal background check to enable HHSC to confirm that the military
spouse is in compliance with other laws and regulations applicable
to nursing facility administration in Texas.
(4) Upon verification from the licensing jurisdiction
of the military spouse's license and if the license is substantially
equivalent to a Texas license, HHSC shall issue a confirmation that
HHSC has verified the spouse's license in the other jurisdiction and
a license to practice nursing facility administration in Texas.
(5) The license issued under paragraph (4) of this
subchapter 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 license issued under paragraph
(4) of this subsection may not be renewed.
(6) HHSC replaces a lost, damaged or destroyed license
certificate for a military spouse as provided in §555.33 of this
subchapter (relating to Duplicate License), but the military spouse
does not pay the duplicate license fee.
(7) The military spouse shall comply with all applicable
laws, rules and standards of this state, including applicable Texas
Health and Safety Code and all relevant Texas Administration Code
provision.
(8) HHSC may withdraw or modify the verification letter
for reasons including the following:
(A) the military spouse fails to comply with paragraph
(1)(D)(i) of this section; or
(B) the military spouse's licensure required under
subsection(c)(1) of this section expires or is suspended or revoked
in another jurisdiction.
|
| Source Note: The provisions of this §555.42 adopted to be effective September 28, 2016, 41 TexReg 7514; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1880; amended to be effective November 14, 2021, 46 TexReg 7791 |
