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.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