| (a) Each applicant for a permit issued under Texas
Health and Safety Code, Chapter 242, Subchapter N, must complete a
training program unless the applicant meets the requirements of subsection
(c) or (e) of this section.
(b) Before submitting an application for a permit under
Texas Health and Safety Code, Chapter 242, Subchapter N, an applicant
must:
(1) be able to read, write, speak, and understand English;
(2) be at least 18 years of age;
(3) be free of communicable diseases and in suitable
physical and emotional health to safely administer medications;
(4) be a graduate of an accredited high school or have
proof of successfully passing a general educational development test;
(5) be employed in a facility as a nurse aide or nonlicensed
direct care staff person on the first official day of an applicant's
medication aide training program; and
(6) have been employed:
(A) as a nurse aide in a Medicare-skilled nursing facility
or a Medicaid nursing facility; or
(B) in a facility for 90 days as a nonlicensed direct
care staff person during the 12-month period before the first official
day of the applicant's medication aide training program;
(7) not have a criminal history that HHSC determines
is a basis for denying the permit under §557.121 of this chapter
(relating to Permitting of Persons with Criminal Backgrounds);
(8) not be listed as unemployable on the EMR; and
(9) not be listed with a revoked or suspended status
on the NAR.
(c) A person who is attending or has attended an accredited
school of nursing and who does not hold a license to practice professional
or vocational nursing meets the training requirement for issuance
of a permit under Texas Health and Safety Code, Chapter 242, Subchapter
N, if the person:
(1) attended the nursing school no earlier than January
1 of the year immediately preceding the year of application for a
permit under this chapter;
(2) successfully completed courses at the nursing school
that cover HHSC curriculum for a medication aide training program;
(3) submits a statement, with the application for a
permit and combined permit application and examination fee as provided
in §557.109 of this chapter (relating to Application Procedures),
on the form provided by HHSC, signed by the nursing school's administrator
or other authorized individual, certifying that the person completed
the courses specified in paragraph (2) of this subsection; and
(4) complies with subsection (e)(5) and (6) of this
section.
(d) The administrator or other authorized individual
referred to in subsection (c)(3) of this section is responsible for
determining that the nursing school courses cover HHSC curriculum.
(e) A person who is a graduate of an accredited school
of nursing and who does not hold a license to practice professional
or vocational nursing meets the training requirement for issuance
of a permit under Texas Health and Safety Code, Chapter 242, Subchapter
N, provided the date of graduation from the nursing school was no
earlier than January 1 of the year immediately preceding the year
of application for a permit under this chapter.
(1) The graduate must submit an official application
form to HHSC. The applicant must meet the requirements of subsection
(b)(1) - (4), (7), and (8) of this section.
(2) The application must be accompanied by the combined
permit application and examination fee as set out in §557.109(c)
of this chapter.
(3) The applicant must include an official transcript
documenting graduation from an accredited school of nursing.
(4) HHSC acknowledges receipt of the application by
sending the applicant a copy of this chapter and HHSC open book examination.
(5) The applicant must complete the open book examination
and return it to HHSC by the date given in the examination notice.
(6) The applicant must complete HHSC written examination.
HHSC denies the application of an applicant failing to schedule and
take the examination by the date given in the examination notice.
(7) An open-book or written examination may not be
retaken if the applicant fails.
(8) Upon successful completion of the two examinations,
HHSC evaluates all application documents submitted by the applicant.
(9) HHSC notifies the applicant in writing of the examination
results.
(f) A person who holds a valid license, registration,
certificate, or permit as a medication aide issued by another state
whose minimum standards or requirements are substantially equivalent
to or exceed the requirements of Texas Health and Safety Code, Chapter
242, Subchapter N, in effect at the time of application, may request
a waiver of the training program requirement as follows:
(1) The applicant must submit an official application
form to HHSC. The applicant must meet the requirements of subsection
(b)(1) - (4), (7), and (8) of this section.
(2) The application must be accompanied by the combined
permit application and examination fee required in §557.109(c)
of this chapter.
(3) The application must include a current copy of
the rules of the other state governing its licensing and regulation
of medication aides, a copy of the legal authority (law, act, code,
or other) for the state's licensing program, and a certified copy
of the license or certificate for which the reciprocal permit is requested.
(4) HHSC acknowledges receipt of the application by
sending the applicant a copy of this chapter and HHSC open book examination.
(5) HHSC may contact the issuing agency to verify the
applicant's status with the agency.
(6) The applicant must complete HHSC open-book examination
and return it to HHSC by the date given in the examination notice.
(7) The applicant must complete HHSC written examination.
The site of the examination is determined by HHSC. HHSC denies the
application of an applicant failing to schedule and take the examination
by the date given in the examination notice.
(8) An open-book or written examination may not be
retaken if the applicant fails.
(9) Upon successful completion of the two examinations,
HHSC evaluates all application documents submitted by the applicant.
(10) HHSC notifies the applicant in writing of the
examination results.
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