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RULE §557.113Determination of Eligibility

(a) HHSC approves or denies each application for a permit.

(b) Notices of application approval, denial, or deficiency must be in accordance with §557.127 of this chapter (relating to Application Processing).

(c) HHSC denies an application for a permit if the person:

  (1) does not meet the requirements in §557.107 of this chapter (relating to Training Requirements; Nursing Graduates; Reciprocity) or §557.125 of this chapter (relating to Requirements for Corrections Medication Aides);

  (2) fails to pass the examination prescribed by HHSC, as referenced in §557.111 of this chapter (relating to Examination), or developed by TDCJ, as referenced in §557.125(g) of this chapter;

  (3) fails or refuses to properly complete or submit an application form or fee, or deliberately submits false information on any form or document required by HHSC;

  (4) violates or conspires to violate the Texas Health and Safety Code, Chapter 242, Subchapter N, Texas Human Resources Code §161.083, or any provision of this chapter;

  (5) has 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);

  (6) is listed with a revoked or suspended status on the HHSC NAR; or

  (7) is listed as unemployable on the EMR.

(d) If, after review, HHSC determines that the application should be denied, HHSC gives the applicant written notice of the reason for the proposed decision and of the opportunity for a formal hearing in accordance with §557.123(c)(3) of this chapter (relating to Violations, Complaints, and Disciplinary Actions).

Source Note: The provisions of this §557.113 adopted to be effective September 24, 2018, 43 TexReg 6328; amended to be effective December 26, 2021, 46 TexReg 9054

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