16 Tex. Admin. Code § 115.16 - Retired Voluntary Charity Care Status License

(a) Applicability. This section implements Texas Occupations Code, Chapter 112. This section applies to a person who holds a midwife license issued by the department.

(b) Eligibility. To be eligible for a retired voluntary charity care status license, the person must:

(1) hold an active midwife license issued by the department;

(2) not have any pending or current disciplinary actions against the person or the person's license; and

(3) not be employed, under contract, or otherwise engaged in the practice of midwifery for compensation.

(c) Initial application. To apply for a retired voluntary charity care status license, the person must:

(1) submit a completed application on a department-approved form;

(2) certify in writing that the person is retired and will provide only voluntary charity care;

(3) submit any fee required under §115.80; and

(4) successfully pass a criminal history background check.

(d) Practice. A person holding a retired voluntary charity care status license:

(1) may not provide midwifery services for compensation; and

(2) is limited to providing only those services authorized under a midwife license.

(e) Disciplinary actions. A person holding a retired voluntary charity care status license is subject to disciplinary action for:

(1) a violation of the Act or the rules adopted under this chapter;

(2) obtaining, or attempting to obtain, retired voluntary charity care status by submitting false or misleading information to the department; or

(3) engaging in the practice of midwifery for compensation.

(f) License term. A retired voluntary charity care status license is valid for two years from the date of issuance and may be renewed biennially.

(g) Renewal.

(1) To renew a retired voluntary charity care status license, a licensee must:

(A) submit a completed application on a department-approved form;

(B) submit all the items required for renewal of a midwife license under §115.14, with the exception that only five hours of continuing education must be completed;

(C) submit any fee required under §115.80; and

(D) successfully pass a criminal history background check.

(2) A person whose retired voluntary charity care status license has expired may late renew the license in accordance with the department's procedural rules at 16 TAC § 60.31 and §60.83.

(3) A person whose retired voluntary charity care status license has expired may not practice or engage in midwifery or perform voluntary charity care.

(h) Returning to active status.

(1) A person who holds a retired voluntary charity care status license and who wants to return to active status must:

(A) submit a completed application on a department-approved form;

(B) complete 10 hours of continuing education in the 12 months preceding the application;

(C) submit the midwife license renewal application fee required under §115.80; and

(D) successfully pass a criminal history background check.

(2) The application must be approved by the department before the person can return to active status and provide midwifery services for compensation.

Notes

16 Tex. Admin. Code § 115.16

Adopted by Texas Register, Volume 41, Number 25, June 17, 2016, TexReg 4477, eff. 10/1/2016; Adopted by Texas Register, Volume 48, Number 34, August 25, 2023, TexReg 4662, eff. 9/1/2023