| (a) General.
(1) When issued, an initial permit is valid for 12
months from the date of issue.
(2) A medication aide must renew the permit annually.
(3) Each medication aide is responsible for renewing
the permit before the expiration date. Failure to receive notification
from HHSC before the expiration date of the permit does not excuse
the medication aide's failure to file for timely renewal.
(4) A medication aide must complete a seven hour continuing
education program approved by HHSC before expiration of the permit
in order to renew the permit. Continuing education hours are not required
for the first renewal. After a permit is renewed for the first time,
the medication aide must earn approved continuing education hours
to have the permit renewed again.
(5) HHSC denies renewal of the permit of a medication
aide who:
(A) is in violation of Texas Health and Safety Code,
Chapter 242, Subchapter N, Texas Human Resources Code §161.083,
or this chapter at the time of application for renewal;
(B) has a conviction of a criminal offense listed in
Texas Health and Safety Code §250.006(a), or a conviction of
a criminal offense listed in Texas Health and Safety Code §250.006(b)
within five years before the date HHSC receives the renewal application;
(C) is listed as unemployable on the EMR;
(D) is listed with a revoked or suspended status on
the NAR; or
(E) is in default on a guaranteed student loan as described
in Texas Education Code §57.491.
(6) A person whose permit has expired may not engage
in activities that require a permit until the permit has been renewed.
(b) Permit renewal procedures.
(1) After receiving proof of the successful completion
of the seven hour continuing education requirement, HHSC sends notice
of the expiration date of the permit, the amount of the renewal fee
due, and a renewal form to the medication aide physical or email address
listed in HHSC records.
(2) The renewal form, which includes the contact information
and preferred mailing address of the medication aide.
(3) Medication aides will be required to submit fingerprints
to the Texas Department of Public Safety for a Federal Bureau of Investigations
criminal background check, if not submitted previously.
(4) HHSC issues a renewal permit to a medication aide
who meets all requirements for renewal, including payment of the renewal
fee.
(c) Late renewal procedures.
(1) If a medication aide submits a renewal application
to HHSC that is late or incomplete, HHSC assesses the appropriate
late fee described in §557.109(c)(1)(C) of this chapter (relating
to Application Procedures). HHSC uses the postmark date to determine
if a renewal application is late. If there is no postmark or the postmark
is not legible, HHSC uses the date the renewal application was received
and recorded by the HHSC Medication Aide Program to determine if the
renewal application is late.
(2) A person whose permit has been expired for less
than one year may renew the permit by submitting to HHSC:
(A) the permit renewal form;
(B) all accrued renewal fees;
(C) proof of having earned, during the expired period,
seven hours in an approved continuing education program for each year,
or part of a year, since the permit expired; and
(D) proof of having earned, before expiration of the
permit, seven hours in an approved continuing education program as
required by subsection (a)(4) of this section.
(3) A person whose permit has been expired for 90 days
or less must pay HHSC the late renewal fee stated in §557.109(c)(1)(C)(i)
of this chapter (relating to Application Procedures) or §557.125(f)(3)(A)
of this chapter (relating to Requirements for Corrections Medication
Aides).
(4) A person whose permit has been expired for more
than 90 days but less than one year must pay HHSC the late renewal
fee stated in §557.109(c)(1)(C)(ii) or §557.125(f)(3)(B)
of this chapter.
(5) A person who previously held a permit in Texas
issued under Texas Health and Safety Code, Chapter 242, Subchapter
N, may obtain a new permit without reexamination if the person holds
a facility medication aide permit from another state, practiced in
that state for at least the two years preceding the application date,
and pays to HHSC the late renewal fee stated in §557.109(c)(1)(C)(iii)
of this chapter.
(6) HHSC denies late renewal of the permit if a permit
holder:
(A) is in violation of Texas Health and Safety Code,
Chapter 242, Subchapter N, Texas Human Resources Code §161.083,
or this chapter on the date HHSC receives the application for late
renewal;
(B) has a conviction of a criminal offense listed in
Texas Health and Safety Code §250.006(a), or a conviction of
a criminal offense listed in Texas Health and Safety Code §250.006(b)
within five years before the date HHSC receives the application for
late renewal;
(C) is listed as unemployable on the EMR;
(D) is listed with a revoked or suspended status on
the NAR; or
(E) is in default on a guaranteed student loan as described
in Texas Education Code §57.491.
(d) A person whose permit has been expired for one
year or more may not renew the permit. To obtain a new permit, the
person must apply for a permit in accordance with §557.109 of
this chapter (relating to Application Procedures) and in §557.111
of this chapter (relating to Examination).
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