Revision 10-1

Effective September 1, 2010

 

Note: The Department of Aging and Disability Services (DADS) maintains rules on this website to enhance public access to information concerning its programs. The Texas Register and the Texas Administrative Code remain the official sources for all DADS rules.

 

§18.31 Initial License

Effective June 1, 2009

 

(a) DADS issues a license certificate to applicants who:

(1) receive passing scores on the state and NAB examinations;
(2) submit the $250 initial license fee to DADS; and
(3) meet the requirements of §18.41 of this subchapter (relating to Licensure of Persons with Criminal Backgrounds).

(b) DADS may determine that a criminal conviction or a sanction taken against an applicant in Texas or another state is a basis for pending or denying an initial license.
(c) A license expires two years from the date issued.
(d) Licensees must keep DADS informed of their current home address and employment address. If employed by a nursing facility, a licensee must submit a Data Change Request form to DADS within 30 days after a change of employment.
(e) Licensees who do not notify DADS of a change in address or employment within the required 30 days may be subject to an administrative penalty as listed in §18.57 of this chapter (relating to Schedule of Sanctions).

 

§18.32 Provisional License

Effective June 1, 2009

 

(a) DADS issues a provisional license to applicants currently licensed or registered as nursing facility administrators in another state who submit the following to DADS:

(1) complete and notarized Provisional Licensure Questionnaire and Nursing Facility Administrator License Application forms;
(2) the $100 application fee; and
(3) proof of the following:

(A) a license and good standing status in another state with licensing requirements substantially equivalent to the Texas licensure requirements;
(B) employment for at least two years as an administrator of record of a nursing facility;
(C) a passing score on the NAB examination; and
(D) sponsorship by an administrator licensed by DADS and who is in good standing, unless DADS waives sponsorship based on a demonstrated hardship.

(b) A provisional license expires 180 days from the date of issue.
(c) DADS issues a license certificate to a provisional license holder who:

(1) passes the state examination;
(2) pays DADS the $250 initial licensure fee; and
(3) has not had a license revoked in Texas or any other state.

(d) DADS may determine that a criminal conviction or sanction taken in another state is a basis for pending or denying a provisional license.

 

§18.33 Duplicate License

Effective June 1, 2009

 

DADS replaces lost, damaged, or destroyed license certificates to licensees who submit a notarized Duplicate License Request form and $25 duplicate license fee to DADS.

 

§18.34 License Renewal

Effective June 1, 2009

 

(a) DADS notifies licensees of their license expiration date and renewal requirements at least 31 days before the license expires.
(b) A licensee who does not receive a renewal notice must renew the license before the license expires.
(c) Licensees seeking renewal must submit the following to DADS on or before the date the license expires:

(1) a complete License Renewal form;
(2) the $250 renewal fee;
(3) proof of completion of 40 clock hours of continuing education; and
(4) a DPS Texas criminal conviction report and fingerprint card.

(d) DADS uses the postmark date to determine if a renewal application is on time. If there is no postmark or the postmark is not legible, DADS uses the date that the Nursing Facility Administrator Licensing Program records the renewal application as received.
(e) DADS issues a two-year license renewal card to eligible licensees who meet the requirements in subsection (c) of this section.
(f) DADS may deny a license renewal according to §18.37 of this subchapter (relating to Denial of License Renewal).

 

§18.35 Continuing Education Requirements for License Renewal

Effective June 1, 2009

 

(a) The 40 clock hours of continuing education required for license renewal must:

(1) be completed during the previous two-year licensure period;
(2) include one or more of the five domains of the NAB listed in §18.11 of this chapter (relating to Academic Requirements);
(3) include at least six clock hours in ethics; and
(4) be:

(A) approved by the National Continuing Education Review Service;
(B) a DADS-sponsored event; or
(C) an upper-division semester credit course taken or taught at a post-secondary institution of higher education accredited by an association recognized by the Texas Higher Education Coordinating Board.

(b) DADS accepts no more than 34 clock hours of NAB-approved self-study courses toward the required 40 clock hours of continuing education.
(c) DADS waives, at a maximum, 20 of the 40 clock hours of continuing education to a licensee who completes one three-semester hour upper-division course taken at a post-secondary institution of higher education.
(d) DADS approves continuing education hours once per licensure renewal period for the same course, seminar, workshop, or program.
(e) DADS waives 20 of the required 40 clock hours of continuing education for preceptors who sponsor an AIT.
(f) DADS may perform an audit of continuing education courses, seminars, or workshops that the licensee has reported by requesting certificates of attendance.
(g) If a licensee is on deployed military duty, the deadline to meet continuing education requirements is extended based on the actual duration of the deployment up to two years.

(1) A licensee must submit a copy of the military orders to DADS within 60 days of completion of deployed duty.
(2) If continuing education requirements for licensure renewal are not met by the extension deadline, the licensee must:

(A) meet the licensure application and examination requirements for an initial license as listed in §18.15 of this chapter (relating to Application Requirements) , §18.16 of this chapter (relating to Examinations) , and §18.31 of this subchapter (relating to Initial License) ; or
(B) prior to the extension deadline, place the license in a formal inactive status in accordance with §18.38 of this subchapter (relating to Inactive Status) .

 

§18.36 Late Renewals

Effective June 1, 2009

 

(a) A person has up to one year after the expiration date of a license to renew the license by:

(1) completing 40 clock hours of continuing education as listed in §18.35 of this subchapter (relating to Continuing Education Requirements for License Renewal) ; and
(2) submitting the following fee to DADS:

(A) a $375 renewal fee for a license that has been expired for 90 days or less; or
(B) a $500 renewal fee for a license that has been expired for 91 days to 365 days.

(b) A person whose license has been expired for more than 365 days must meet the licensure and examination requirements for an initial license.
(c) A person must retake the NAB exam if the person last took and passed the NAB exam more than five years before the application date.
(d) A person who does not renew a license on or before the date the license expires must return the license to DADS.
(e) A person who fails to renew a license before the expiration date must not practice in the field of nursing facility administration until the license is renewed.
(f) DADS imposes one or more sanctions listed in §18.57 of this chapter (relating to Schedule of Sanctions) against a person who practices with an expired license.

 

§18.37 Denial of License Renewal

Effective June 1, 2009

 

(a) DADS may deny an application for license renewal based on either of the following:

(1) a sanction taken against a licensee; or(2) a conviction for a crime listed in §18.41 of this subchapter (relating to Licensure of Persons with Criminal Backgrounds).

(b) DADS does not renew a license if:

(1) a person's license was revoked in another jurisdiction;
(2) the licensee defaulted on a guaranteed student loan as addressed in the Education Code, §57.491; or
(3) the licensee did not comply with the terms of a sanction or settlement agreement with DADS.

 

§18.38 Inactive Status

Effective June 1, 2009

 

(a) A licensee may place a license in a formal inactive status with DADS for up to two renewal periods.
(b) To place a license in a formal inactive status, the licensee submits the following to DADS on or before the date the license expires:

(1) a completed Inactive Status Application form; and
(2) the $250 inactive status fee.

(c) Licensees must renew the inactive license on or before the date that the inactive status expires by submitting to DADS:

(1) the $250 renewal fee; and
(2) proof of completing 40 clock hours of continuing education as listed in §18.35 of this chapter (relating to Continuing Education Requirements for License Renewal).

(d) If a licensee's inactive status has expired, the licensee must meet the licensure application and examination requirements as listed in §18.15 of this chapter (relating to Application Requirements) and §18.16 of this chapter (relating to Examinations).
(e) If it has been less than five years since the individual passed the NAB examination, the individual is not required to take the NAB examination referenced in §18.16(a) (2) of this chapter, but must take the state exam.
(f) A person whose inactive status license has expired may not pay a late renewal fee.

 

§18.39 Voluntary Surrender of a License

Effective June 1, 2009

 

(a) A licensee may voluntarily surrender a license by returning the license certificate to DADS.
(b) A licensee who voluntarily surrenders a license while under investigation for a violation of licensure requirements may still receive:

(1) a written reprimand; or
(2) an administrative penalty.

(c) A licensee who voluntarily surrenders a license in lieu of a proposed sanction, other than license revocation, may not reapply for licensure until two years after the surrender date.
(d) A licensee who voluntarily surrenders a license in lieu of a proposed license revocation is permanently disqualified from licensure in Texas.

 

§18.40 Reinstatement

Effective June 1, 2009

 

Applicants who previously were licensed and in good standing in Texas may obtain a new license without reexamination if they:

(1) are licensed in good standing in another state;
(2) practiced in that state for at least the preceding two years before the date of their current licensure application; and
(3) pay DADS a $500 reactivation fee.

 

§18.41 Licensure of Persons with Criminal Backgrounds

Effective September 1, 2010

 

(a) DADS considers an applicant’s or a licensee’s conviction of a crime related to the duties, responsibilities and job performance of an administrator as a potential basis for:

(1) denying an initial or renewal application for licensure; and
(2) imposing a sanction listed in §18.57 of this chapter (relating to Schedule of Sanctions).

(b) DADS considers the following when determining if a criminal conviction directly relates to the duties and responsibilities of a nursing facility administrator:

(1) the nature and seriousness of the crime;
(2) the extent to which a license may offer an individual an opportunity to engage in the same type of criminal activity; and
(3) the relationship of the crime to the ability or fitness required to perform the duties of nursing facility administrator.

(c) DADS has determined that a conviction of the following crimes relates to nursing facility administration and reflects an inability to perform or tendency to inadequately perform as an administrator:

(1) intentionally acting as a nursing facility administrator without a license;
(2) attempting or conspiring to commit or committing any offense under the following chapters of the Texas Penal Code:

(A) Title 5 (offenses against persons) , including homicide, kidnapping, unlawful restraint, and sexual and assault offenses;
(B) Title 7 (offenses against property) , including arson, criminal mischief, robbery, burglary, criminal trespass, theft, fraud, computer crimes, telecommunications crimes, money laundering, and insurance fraud;
(C) Title 9 (offenses against public order and decency) , including disorderly conduct and public indecency; or
(D) Title 10 (offenses against public health, safety, and morals) , including weapons, gambling, conduct affecting public health, intoxication, and alcoholic beverage offenses; or

(3) committing an offense listed in Texas Health and Safety Code §250.006.

(d) DADS may consider other crimes and pertinent information as a potential basis for denying an initial or renewal application.
(e) Convictions under federal law or another state or nation for offenses containing elements similar to offenses listed in subsection (c) of this section may be a basis for DADS imposing sanctions.