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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 557MEDICATION AIDES--PROGRAM REQUIREMENTS
RULE §557.128Home Health Medication Aides

  (3) submits a statement with the person's application for a permit under this section, that is signed by the nursing school's administrator or other authorized individual who is responsible for determining that the courses that he or she certifies cover HHSC curriculum and certifies that the person completed the courses specified under paragraph (2) of this subsection; and

  (4) complies with subsection (f)(1), (2), and (4) - (9) of this section.

(h) Reciprocity. A person who holds a valid license, registration, certificate, or permit as a home health medication aide issued by another state whose minimum standards or requirements are substantially equivalent to or exceed the requirements of this section in effect at the time of application may request a waiver of the training program requirement as follows:

  (1) The applicant must submit an HHSC application form to HHSC. The applicant must meet the requirements of subsection (e)(1) - (4) of this section.

  (2) The application must be accompanied by the combined permit application and exam fee.

  (3) The application must include a current copy of the rules of the other state governing its licensing and regulation of home health medication aides, a copy of the legal authority, including the law, act, code, or section, for the state's licensing program, and a certified copy of the license or certificate by which the reciprocal permit is requested.

  (4) HHSC acknowledges receipt of the application by sending the applicant a copy of this chapter and of HHSC open book examination.

  (5) HHSC may contact the issuing agency to verify the applicant's status with the agency.

  (6) The applicant must complete HHSC open book examination and return it to HHSC by the date given in the examination notice.

  (7) The applicant must complete HHSC written examination. The site of the examination is determined by HHSC. HHSC denies the application of an applicant failing to schedule and take the examination by the date given in the examination notice.

  (8) An open book or written examination may not be retaken if the applicant fails.

  (9) Upon successful completion of the two examinations, HHSC evaluates all application documents submitted by the applicant.

  (10) HHSC notifies the applicant in writing of the examination results.

(i) Application by trainees.

  (1) An applicant under subsection (e) of this section must, no later than 20 days after enrollment in a training program:

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

      (i) 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 (relating to Training Requirements; Nursing Graduates; Reciprocity) 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

      (ii) 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 subsection (f) of this section;

    (B) submit the application to HHSC; and

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

  (2) HHSC considers an application as officially submitted when HHSC receives the nonrefundable combined permit application and examination fee payable to the Health and Human Services Commission. The fee required by subsection (n) of this section must accompany the application form.

  (3) 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 paragraph (1)(A)(ii) of this subsection. 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.

  (4) HHSC sends a notice listing the additional materials required to an applicant who does not complete the application. An application not completed within 30 days after the date of the notice will be void.

  (5) HHSC sends notice of application acceptance, disapproval, or deficiency in accordance with subsection (q) of this section.

(j) Examination. HHSC gives a written examination to each applicant at a site HHSC determines.

  (1) No final examination may be given to an applicant until the applicant has met the requirements of subsections (e) and (i) of this section, and if applicable, subsections (f), (g), or (h) of this section.

  (2) An applicant with a disability, including an applicant with dyslexia as defined in Texas Education Code §51.970 (relating to Instructional Material for Blind and Visually Impaired Students and Students with Dyslexia), may request a reasonable accommodation for the examination under the Americans with Disabilities Act.

  (3) The applicant must be tested on the subjects taught in the training program curricula and clinical experience. The examination covers an applicant's knowledge of accurate and safe drug therapy to clients.

  (4) A training program must notify HHSC at least four weeks before its requested examination date.

  (5) HHSC determines the passing grade on the examination.

  (6) HHSC notifies in writing an applicant who fails the examination.

    (A) HHSC may give an applicant under subsection (e) of this section one subsequent examination, without additional payment of a fee, upon the applicant's written request to HHSC.

    (B) A subsequent examination must be completed by the date given on the failure notification. HHSC determines the site of the examination.

    (C) Another examination will not be permitted if the student fails the subsequent examination unless the student enrolls and successfully completes another training program.

  (7) An applicant who is unable to attend the applicant's scheduled examination due to unforeseen circumstances may be given an examination at another time without payment of an additional fee upon the applicant's written request to HHSC. The examination must be completed within 45 days from the date of the originally scheduled examination. HHSC determines the site for the rescheduled examination.

  (8) An applicant whose application for a permit will be disapproved under subsection (k) of this section is ineligible to take the examination.

(k) Determination of eligibility. HHSC approves or disapproves all applications. HHSC sends notices of application approval, disapproval, or deficiency in accordance with subsection (q) of this section.

  (1) HHSC denies an application for a permit if the person has:

    (A) not met the requirements of subsections (e) - (i) of this section, if applicable;

    (B) failed to pass the examination prescribed by HHSC as set out in subsection (j) of this section;

    (C) failed to or refused to properly complete or submit any application form, endorsement, or fee, or deliberately presented false information on any form or document required by HHSC;

    (D) violated or conspired to violate the Texas Health and Safety Code, Chapter 142, Subchapter B, or any provision of this chapter; or

    (E) has a criminal history that HHSC determines is a basis for denying the permit under §557.121 of this chapter (relating to Permitting of Persons with Criminal Backgrounds).

  (2) If, after review, HHSC determines that the application should not be approved, HHSC gives the applicant written notice of the reason for the proposed decision and of the opportunity for a formal hearing in accordance with subsection (r) of this section.

(l) Medication aide. Home health medication aides must comply with the following permit renewal requirements.

  (1) When issued, a permit is valid for one year.

  (2) A medication aide must renew the permit annually.

  (3) The renewal date of a permit is the last day of the current permit.

  (4) Each medication aide is responsible for renewing the permit before the expiration date. Failure to receive notification from HHSC before the expiration date of the permit does not excuse the medication aide's failure to file for timely renewal.

  (5) A medication aide must complete a seven hour continuing education program approved by HHSC before expiration of the permit in order to renew the permit. Continuing education hours are not required for the first renewal. After a permit is renewed for the first time, the medication aide must earn approved continuing education hours to have the permit renewed again.

  (6) HHSC denies renewal of the permit of a medication aide who is in violation of the Texas Health and Safety Code, Chapter 142, Subchapter B, or this chapter at the time of application for renewal.

  (7) HHSC denies renewal of the permit of a medication aide who has been convicted of a criminal offense listed in Texas Health and Safety Code §250.006(a), or convicted of a criminal offense listed in Texas Health and Safety Code §250.006(b) within five years before the date HHSC receives the renewal application.

  (8) HHSC denies renewal of the permit of a medication aide who is listed as unemployable on the EMR.

  (9) Home health medication aide permit renewal procedures are as follows.

    (A) At least 30 days before the expiration date of a permit, HHSC sends to the medication aide at the address in HHSC records notice of the expiration date of the permit and the amount of the renewal fee due and a renewal form that the medication aide must complete and return with the required renewal fee.

    (B) The renewal form must include the preferred mailing address of the medication aide. It must be signed by the medication aide.

    (C) Medication aides will be required to submit fingerprints for a Federal Bureau of Investigations criminal background check to the Texas Department of Public Safety, if not submitted previously.

    (D) HHSC issues a renewal permit to a medication aide who has met all requirements for renewal.

    (E) HHSC does not renew a permit if the medication aide does not complete the required seven-hour continuing education requirement. Successful completion is determined by the student's instructor. An individual who does not meet the continuing education requirement must complete a new program, application, and examination in accordance with the requirements of this section.

    (F) HHSC does not renew a permit if renewal is prohibited by the Texas Education Code §57.491, concerning defaults on guaranteed student loans.

    (G) If a medication aide fails to timely renew his or her permit because the medication aide is or was on active duty with the armed forces of the United States of America serving outside the State of Texas, the medication aide may renew the permit pursuant to this subparagraph.

      (i) Renewal of the permit may be requested by the medication aide, the medication aide's spouse, or an individual having power of attorney from the medication aide. The renewal form must include a current address and telephone number for the individual requesting the renewal.

      (ii) Renewal may be requested before or after the expiration of the permit.

      (iii) A copy of the official orders or other official military documentation showing that the medication aide is or was on active military duty serving outside the State of Texas must be filed with HHSC along with the renewal form.

      (iv) A copy of the power of attorney from the medication aide must be filed with HHSC along with the renewal form if the individual having the power of attorney executes any of the documents required in this subparagraph.

      (v) A medication aide renewing under this subparagraph must pay the applicable renewal fee.

      (vi) A medication aide is not authorized to act as a home health medication aide after the expiration of the permit unless and until the medication aide actually renews the permit.

Cont'd...

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