|(a) Minimum eligibility requirements for instructor
certification. The following requirements apply to persons applying
(1) Texas residency;
(2) at least 18 years of age;
(3) lack of physical or mental impairment, which in
accordance with the Americans with Disabilities Act interferes with
the performance of duties or otherwise constitutes a hazard to the
health or safety of the persons being served; and
(4) achievement of core competencies in instruction
or training as identified in policy through completion of certified
competency-based instructor training within the past three years or
through department verification of at least 1,000 hours related training
experience within the past three years.
(b) Application requirements for instructors. The department
specifies the required information and documentation that an applicant
shall complete and the department notifies the applicant if the application
(c) Application approval. The department approves any
application which complies with this chapter and which properly documents
applicant eligibility, unless the application is disapproved under
the provisions of subsection (d) of this section.
(d) Disapproved applications.
(1) The department may disapprove the application if
(A) has not met the eligibility and application requirements
set out in this chapter;
(B) has failed or refused to properly complete or submit
any required information or has knowingly presented false or misleading
information in the application process;
(C) has engaged in unethical conduct as defined in §146.7
of this chapter (relating to Professional and Ethical Standards);
(D) has been convicted of a felony or misdemeanor directly
related to the duties and responsibilities of a promotor(a) or community
health worker or instructor as set out in §146.8 of this chapter
(relating to Enforcement); or
(E) has developed an incapacity which in accordance
with the Americans with Disabilities Act prevents the person from
practicing with reasonable skill, competence, and safety to the public
as the result of:
(i) an illness;
(ii) drug or alcohol dependency; or
(iii) another physical or mental condition or illness.
(2) If the department determines that the application
should not be approved because it is incomplete, the department gives
the applicant written notice of the reason for the disapproval and
the opportunity for re-application.
(3) If the department determines that the application
should not be approved because experience requirements are not met,
the department gives the applicant written notice of the reason for
the disapproval and the opportunity for re-application after sufficient
experience is obtained.
(4) An applicant whose application has been disapproved
for a reason other than paragraph (2) or (3) in this subsection, may
appeal the disapproval under the fair hearing procedures found in
Chapter 1, Subchapter C of this title (relating to Fair Hearing Procedures).
(e) Changes of name and address.
(1) The department changes the status of a certification
to inactive upon receipt of notification that the certificate holder
no longer lives in Texas.
(2) Notification of name changes shall be submitted
to the department and include a copy of a marriage certificate, court
decree evidencing such change, Texas driver's license or identification
card, or a social security card reflecting the new name before a certificate
or identification card is issued by the department.
(1) The department issues the instructor a certificate
with an expiration date and a certificate number. An identification
card shall be included for a certified instructor.
(2) The department replaces a lost, damaged, or destroyed
certificate or identification card upon written request.
(g) An instructor must be affiliated with an approved
training program in order to provide department-certified training
to certified promotores or community health workers or instructors.
(h) Certificate renewal.
(1) An instructor shall renew the certificate every
two years in accordance with policy. Failure to receive notification
from the department before the expiration date will not excuse failure
to file for renewal.
(2) An instructor must complete at least 20 contact
hours of continuing education acceptable to the department and related
to the core competencies during each certification period.
(3) Before certificate expiration, an instructor may
request one 90-day extension to complete the continuing education
requirement and apply for certificate renewal.
(i) Late renewals.
(1) A person whose certificate has expired for not
more than one year may renew the certificate by submitting to the
department the completed renewal application. An instructor must submit
proof of compliance with continuing education requirements for renewal
as set out in this section before the late renewal is effective. A
certificate issued under this subsection shall expire two years from
the date the previous certificate expired.
(2) A person whose certification has been expired for
more than one year must meet the requirements under subsection (a)
of this section and apply for a new certificate.