| (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.
(vii) A medication aide renewing under this subparagraph
is not required to submit any continuing education hours.
(10) A person whose permit has expired for not more
than two years may renew the permit by submitting to HHSC:
(A) the permit renewal form;
(B) all accrued renewal fees;
(C) proof of having earned, during the expired period,
seven hours in an approved continuing education program for each year
or part of a year that the permit has been expired; and
(D) proof of having earned, before expiration of the
permit, seven hours in an approved continuing education program as
required in paragraph (5) of this subsection.
(11) A permit that is not renewed during the two years
after expiration may not be renewed.
(12) HHSC issues notices of permit renewal approval,
disapproval, or deficiency must be in accordance with subsection (q)
of this section.
(m) Changes.
(1) A medication aide must notify HHSC within 30 days
after changing his or her address or name.
(2) HHSC replaces a lost, damaged, or destroyed permit
upon receipt of a completed duplicate permit request form and permit
replacement fee.
(n) Fees.
(1) The schedule of fees is:
(A) combined permit application and examination fee--$25;
(B) renewal fee--$15; and
(C) permit replacement fee--$5.00.
(2) All fees are nonrefundable.
(3) An applicant or home health medication aide must
pay the required fee by cashier's check or money order made payable
to the Health and Human Services Commission. All fees are nonrefundable,
except as provided by Texas Government Code, Chapter 2005.
(o) Training program requirements.
(1) An educational institution accredited by the Texas
Workforce Commission or Texas Higher Education Coordinating Board
that desires to offer a training program must file an application
for approval on an HHSC form. Programs sponsored by state agencies
for the training and preparation of its own employees are exempt from
the accreditation requirement. An approved institution may offer the
training program and a continuing education program.
(A) All signatures on HHSC forms and supporting documentation
must be originals.
(B) The application includes:
(i) the anticipated dates of the program;
(ii) the location(s) of the classroom course(s);
(iii) the name of the coordinator of the program;
(iv) a list that includes the address and telephone
number of each instructor and any other person responsible for the
conduct of the program; and
(v) an outline of the program content and curriculum
if the curriculum covers more than HHSC established curricula.
(C) HHSC may conduct an inspection of the classroom
site.
(D) HHSC sends notice of approval or proposed disapproval
of the application to the program within 30 days of the receipt of
a complete application. If the application is proposed to be disapproved
due to noncompliance with the requirements of the Texas Health and
Safety Code, Chapter 142, Subchapter B, or of this chapter, the reasons
for disapproval are given in the notice.
(E) An applicant may request a hearing on a proposed
disapproval in writing within ten days of receipt of the notice of
the proposed disapproval. The hearing must be in accordance with subsection
(r) of this section and the Administrative Procedure Act, Texas Government
Code, Chapter 2001. If no request is made, the applicant is deemed
to have waived the opportunity for a hearing, and the proposed action
may be taken.
(2) The program includes, but is not limited to, the
following instruction and training:
(A) procedures for preparation and administration of
medications;
(B) responsibility, control, accountability, storage,
and safeguarding of medications;
(C) use of reference material;
(D) documentation of medications in the client's clinical
records, including PRN medications;
(E) minimum licensing standards for agencies covering
pharmaceutical service, nursing service, and clinical records;
(F) federal and state certification standards for participation
under the Social Security Act, Title XVIII (Medicare), pertaining
to pharmaceutical service, nursing service, and clinical records;
(G) lines of authority in the agency, including agency
personnel who are immediate supervisors;
Cont'd... |
