| (C) the former medication aide is not listed on the
EMR; and
(D) the former medication aide is not listed 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;
(D) whether the other state denies an application for
permit from an applicant who has been convicted of an offense containing
elements similar to offenses listed in §557.121(b) of this subchapter;
and
(E) 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 Investigations
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 license 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), but the military spouse does not pay the replacement
permit 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 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.
|
