SECTION 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.

Source Note: The provisions of this §115.16 adopted to be effective September 1, 2023, 48 TexReg 4660