|(a) Minimum eligibility requirements for promotor(a)
or community health worker certification. The following requirements
apply to persons applying for certification:
(1) Texas residency;
(2) at least 16 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 identified in
policy through completion of a certified competency-based training
provided by an approved training program within the past three years
or through verification of at least 1,000 hours of related experience
within the past three years.
(b) Application requirements for a promotor(a) or community
health worker. The department specifies the required information and
documentation that an applicant shall complete and the department
notifies the applicant if the application is incomplete.
(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) of 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 must 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 promotor(a) or community
health worker a certificate with an expiration date and a certificate
number. An identification card shall be included for a promotor(a)
or community health worker.
(2) The department replaces a lost, damaged, or destroyed
certificate or identification card upon written request.
(g) Certificate renewal.
(1) A promotor(a) or community health worker 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) A promotor(a) or community health worker must complete
at least 20 contact hours of continuing education acceptable to the
department and related to the core competencies during each certification
(3) Before certificate expiration, a promotor(a) or
community health worker may request one 90-day extension to complete
the continuing education requirement and apply for certificate renewal.
(h) 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. A promotor(a) or community
health worker must also 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.