Sec. 242.309. PROVISIONAL LICENSE. (a) The department shall issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who:
(1) has been licensed in good standing as a nursing facility administrator for at least two years in another jurisdiction, including a foreign country, that has licensing requirements that are substantially equivalent to the requirements of this subchapter;
(2) has passed a national or other examination recognized by the department relating to the practice of nursing facility administration; and
(3) is sponsored by a person licensed by the department under this subchapter with whom the provisional license holder will practice during the time the person holds a provisional license.
(b) The department may waive the requirement of Subsection (a)(3) for an applicant if the department determines that compliance with that subsection would be a hardship to the applicant.
(c) A provisional license is valid until the date the department approves or denies the provisional license holder's application for a license. The department shall issue a license under this subchapter to the provisional license holder if:
(1) the provisional license holder is eligible to be licensed under Section 242.306; or
(2) the provisional license holder passes the part of the examination under Section 242.307 that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of nursing facility administration in this state and:
(A) the department verifies that the provisional license holder meets the academic and experience requirements for a license under this subchapter; and
(B) the provisional license holder satisfies all other license requirements under this subchapter.
(d) The department must approve or deny a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued. The department may extend the 180-day period if the results of an examination have not been received by the department before the end of that period.
(e) The executive commissioner by rule may establish a fee for provisional licenses in an amount reasonable and necessary to cover the cost of issuing the license.
Added by Acts 1997, 75th Leg., ch. 1280, Sec. 1.01, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1505, Sec. 1.20, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0646, eff. April 2, 2015.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 242 - Convalescent and Nursing Facilities and Related Institutions
Subchapter I. Nursing Facility Administration
Section 242.302. Powers and Duties of Department and Executive Commissioner
Section 242.303. Nursing Facility Administrators Advisory Committee
Section 242.305. Practicing Without a License
Section 242.306. License Application; Qualifications
Section 242.308. Licenses; Temporary License; Inactive Status
Section 242.309. Provisional License
Section 242.310. License Renewal
Section 242.311. Mandatory Continuing Education
Section 242.312. Complaint Receipt, Investigation, and Disposition
Section 242.314. Written Reprimand and Continuing Education as Sanctions
Section 242.315. Administrative Penalty as Sanction
Section 242.316. Notice and Hearing
Section 242.317. Informal Proceedings
Section 242.318. Monitoring of License Holder
Section 242.319. Civil Penalty
Section 242.320. Assistance of Attorney General
Section 242.322. Protection for Refusal to Engage in Certain Conduct