| (a) Applicability. This section implements Texas Occupations
Code, Chapter 112. This section applies to a person who holds a midwife
license issued by the department.
(b) Eligibility. To be eligible for a retired voluntary
charity care status license, the person must:
(1) hold an active midwife license issued by the department;
(2) not have any pending or current disciplinary actions
against the person or the person's license; and
(3) not be employed, under contract, or otherwise engaged
in the practice of midwifery for compensation.
(c) Initial application. To apply for a retired voluntary
charity care status license, the person must:
(1) submit a completed application on a department-approved
form;
(2) certify in writing that the person is retired and
will provide only voluntary charity care;
(3) submit any fee required under §115.80; and
(4) successfully pass a criminal history background
check.
(d) Practice. A person holding a retired voluntary
charity care status license:
(1) may not provide midwifery services for compensation;
and
(2) is limited to providing only those services authorized
under a midwife license.
(e) Disciplinary actions. A person holding a retired
voluntary charity care status license is subject to disciplinary action
for:
(1) a violation of the Act or the rules adopted under
this chapter;
(2) obtaining, or attempting to obtain, retired voluntary
charity care status by submitting false or misleading information
to the department; or
(3) engaging in the practice of midwifery for compensation.
(f) License term. A retired voluntary charity care
status license is valid for two years from the date of issuance and
may be renewed biennially.
(g) Renewal.
(1) To renew a retired voluntary charity care status
license, a licensee must:
(A) submit a completed application on a department-approved
form;
(B) submit all the items required for renewal of a
midwife license under §115.14, with the exception that only five
hours of continuing education must be completed;
(C) submit any fee required under §115.80; and
(D) successfully pass a criminal history background
check.
(2) A person whose retired voluntary charity care status
license has expired may late renew the license in accordance with
the department's procedural rules at 16 TAC §60.31 and §60.83.
(3) A person whose retired voluntary charity care status
license has expired may not practice or engage in midwifery or perform
voluntary charity care.
(h) Returning to active status.
(1) A person who holds a retired voluntary charity
care status license and who wants to return to active status must:
(A) submit a completed application on a department-approved
form;
(B) complete 10 hours of continuing education in the
12 months preceding the application;
(C) submit the midwife license renewal application
fee required under §115.80; and
(D) successfully pass a criminal history background
check.
(2) The application must be approved by the department
before the person can return to active status and provide midwifery
services for compensation.
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