| (a) Fee waiver based on military experience.
(1) HHSC waives the combined permit application and
examination fee described in §557.109(c)(1)(A) of this chapter
(relating to Application Procedures) and §557.128(n)(1)(A) of
this chapter (relating to Home Health Medication Aides) and the permit
application fee described in §557.125(f)(1) of this chapter (relating
to Requirements for Corrections Medication Aides) for an applicant
if HHSC receives and approves a request for a waiver of fees from
the applicant in accordance with this subsection.
(2) To request a waiver of fees under this subsection,
an applicant must submit a written request for a waiver with the applicant's
application for a permit submitted to HHSC in accordance with this
section. The applicant must include with the request:
(A) documentation of the applicant's status as a military
service member, military veteran, or military spouse that is acceptable
to HHSC;
(B) documentation of the type and dates of the service,
training, and education the applicant received and an explanation
as to why the applicant's military service, training or education
substantially meets all of the requirements for a permit under this
chapter; and
(C) for status as a military spouse:
(i) a copy of a marriage certificate issued to the
applicant by a state of the United States or a foreign government;
and
(ii) a copy of a current military service order issued
to the applicant's spouse by the armed forces of the United States,
the State of Texas, or another state.
(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 applicant by the
armed forces of the United States, the State of Texas, or another
state; and
(B) for status as a military veteran, a copy of a military
service discharge order issued to the applicant by the armed forces
of the United States, the State of Texas, or another state.
(4) If HHSC requests additional documentation, the
applicant must submit the requested documentation.
(5) HHSC approves a request for a waiver of fees submitted
in accordance with this subsection if HHSC determines that the applicant
is a military service member or a military veteran and the applicant's
military service, training, or education substantially meets all of
the requirements for licensure under this chapter.
(b) Fee waiver based on reciprocity.
(1) HHSC waives the combined permit application and
examination fee described in §557.109(c)(1)(A) of this chapter
and §557.128(n)(1)(A) of this chapter and the permit application
fee described in §557.125(f)(1) of this chapter for an applicant
if HHSC receives and approves a request for a waiver of fees from
the applicant in accordance with this subsection.
(2) To request a waiver of the fee under this subsection,
an applicant must include a written request for a waiver of the fee
with the applicant's application that is submitted to HHSC in accordance
with §557.128(h) of this chapter. The applicant must include
with the request documentation of the applicant'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 applicant 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 applicant 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
applicant by a state of the United States or a foreign government;
and
(ii) a copy of a current military service order issued
to the applicant's spouse by the armed forces of the United States,
the State of Texas, or another state.
(4) If HHSC requests additional documentation, the
applicant must submit the requested documentation.
(5) HHSC approves a request for a waiver of the fee
submitted in accordance with this subsection if HHSC determines that:
(A) the applicant holds a license, registration, certificate,
or permit as a medication aide in good standing in another jurisdiction
with licensing requirements substantially equivalent to or that exceed
the requirements for a permit under this chapter; and
(B) the applicant is a military service member, a military
veteran, or a military spouse.
(c) Additional time for permit renewal.
(1) HHSC gives a medication aide an additional two
years to complete the permit renewal requirements described in §557.115
of this chapter (relating to Permit Renewal) if HHSC receives and
approves a request for additional time to complete the permit renewal
requirements from a medication aide in accordance with this subsection.
(2) To request additional time to complete permit renewal
requirements, a medication aide must:
(A) submit a written request for additional time to
HHSC before the expiration date of the medication aide's permit; and
(B) include, along with the request, documentation
of the medication aide's status as a military service member that
is acceptable to HHSC, which includes a copy of a current military
service order issued to the medication aide by the armed forces of
the United States, the State of Texas, or another state.
(3) If HHSC requests additional documentation, the
medication aide must submit the requested documentation.
(4) HHSC approves a request for two additional years
to complete permit renewal requirements submitted in accordance with
this subsection if HHSC determines that the medication aide is a military
service member, except HHSC does not approve a request if HHSC granted
the medication aide a previous extension and the medication aide has
not completed the permit renewal requirements during the two-year
extension period.
(5) If a medication aide does not submit the written
request described by paragraph (2) of this subsection before the expiration
date of the medication aide's permit, HHSC will consider a request
after the expiration date of the permit if the medication aide establishes
to the satisfaction of HHSC that the request was not submitted before
the expiration date of the medication aide's permit because the medication
aide was serving as a military service member at the time the request
was due.
(d) Renewal of expired permit.
(1) HHSC renews an expired permit if HHSC receives
and approves a request for renewal from a former medication aide in
accordance with this subsection.
(2) To request renewal of an expired permit, a former
medication aide must submit a written request with a permit renewal
application within five years after the former medication aide's permit
expired. The former medication aide must include with the request
documentation of the former medication aide'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 medication
aide 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 medication aide 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 medication aide 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 medication aide'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 medication aide must submit the requested documentation.
(5) HHSC approves a request for renewal of an expired
permit submitted in accordance with this subsection if HHSC determines
that:
(A) the former medication aide is a military service
member, military veteran, or military spouse;
(B) the former medication aide has not committed an
offense listed in Texas Health and Safety Code §250.006(a) and
has not committed an offense listed in Texas Health and Safety Code §250.006(b)
during the five years before the date the former medication aide submitted
the initial permit application;
(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.
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