Rule 7.4 - Provisional Certification(a) Application for provisional certification. An individual who does not meet the requirements for certification in Rule 7.2(b)(4) and (5) may apply for provisional certification in writing on the forms provided by the Commission. An applicant for provisional certification must identify the applicant's supervisor on the application form. The supervisor must sign the application form.(b) Requirements for provisional certification. To be eligible for provisional certification. an applicant must meet all requirements in Rule 7.2(b)(l)-(3). (b)(6)-(7), and (c). Provisional certification expires on the second anniversary of the date the certificate is issued.(c) Responsibilities of provisionally certified guardian.(1) A provisionally certified guardian may provide guardianship services in this State only under the supervision of a certified guardian supervisor. In order to maintain provisional certification. a provisionally certified guardian must have a certified guardian supervisor, even if the provisionally certified guardian is not currently providing guardianship services.(2) A provisionally certified guardian must comply with these rules and with the Code of Ethics and Minimum Standards for Guardianship Services.(3) Notice to Commission and Courts. A provisionally certified guardian must immediately notify the Commission and all courts in which the provisionally certified guardian is serving if: (A) the provisionally certified guardian obtains a different supervisor or is without a supervisor;(B) the provisionally certified guardian is indicted for, formally charged with, adjudged guilty of, or enters a plea of no contest in return for a grant of deferred adjudication with respect to any felony or misdemeanor offense;(C) any proceeding listed in Rule 7.2(b)(7) is initiated;(D) events or circumstances would require any changes to the attestation required by Rule 7.2(b)(7); or(E) the provisionally certified guardian is removed as a guardian under Chapter 1203 of the Estates Code.(4) Documents filed with court. Each document prepared by or on behalf of a provisionally certified guardian and filed with a court must include the provisionally certified guardian's certification number and the name and certification number of his or her supervisor.(5) A provisionally certified guardian must comply with the continuing education requirements in Rules 4.1-4.3 and 7.7. A provisionally certified guardian, when he or she meets the qualifications for certification, must submit documentation as described in Rule 4.3(g) with his or her application for certification.(d) Responsibilities of supervisor. (1) A supervisor must: (A) assume primary responsibility for guiding the provisionally certified guardian's work and for supervising, generally and directly, as necessary, the quality of the provisionally certified guardian's work; (B) meet with each provisionally certified guardian at least once every two weeks, with at least one of these meetings being face-to-face each month;(C) assist the provisionally certified guardian in activities to the extent that the supervisor considers it necessary and appropriate;(D) ensure that the provisionally certified guardian is familiar with the provisions of these rules and the Code of Ethics and Minimum Standards for Guardianship Services; and(E) monitor the provisionally certified guardian's compliance with these rules and the Code of Ethics and Minimum Standards for Guardianship Services.(2) A supervisor may not supervise more provisionally certified guardians than a reasonably prudent supervisor operating under substantially similar circumstances would supervise at one time.(3) A supervisor whose certification expires, is revoked, or is suspended, or who voluntarily surrenders his or her certification, may not continue as a supervisor and must notify all provisionally certified guardians under that person's supervision that the person may not continue as a supervisor.(4) A supervisor must immediately notify the Commission, or cause notice to be sent to the Commission, if the supervisor ceases to supervise a provisionally certified guardian.(5) A supervisor may not: (A) be related within the second degree by affinity (marriage) or within the third degree by consanguinity (blood or adoption) to a person whom he or she is supervising; or(B) be an employee of or under the employment supervision of a person whom he or she is supervising.(e) Notice from Commission. If the Commission receives notice from the supervisor under (d)(4), or receives notice of any of the items in (c)(3) in any manner other than from the provisionally certified guardian, the Director, on behalf of the Commission, will contact the provisionally certified guardian regarding the notification by first class mail. Notice from the Director on behalf of the Commission is deemed given when sent to the provisionally certified guardian at the last home address on file in the Commission's records.(f) Prohibition on representation as a certified guardian. The supervisor and provisionally certified guardian may not state, represent, or imply that the provisionally certified guardian is a certified guardian. (g) Expiration of provisional certification. (1) A provisionally certified guardian may be provisionally certified for only one two-year period unless a waiver is approved by the Commission. For a provisionally certified guardian, a waiver may only be granted by the Commission before the expiration of the two-year period. For a formerly certified guardian whose certification expired or was surrendered unrelated to discipline, the Commission may grant a new provisional certification to allow the individual to work while pursuing certification again. It is the responsibility of the provisionally certified guardian to contact the Director regarding any questions or concerns about the expiration of provisional certification, requirements for full certification, or requesting a waiver.(A) To request a waiver from the Commission, the provisionally certified guardian must send a written request to the Director. The request must include the reasons for seeking the waiver, the time period of the extension, and verification of attendance at Commission-approved continuing education during the provisional certification period. The provisionally certified guardian may include information in support of his or her request for a waiver, such as a letter of support from the designated guardian supervisor. If the provisionally certified guardian has not yet passed the required exam or completed required continuing education, the provisionally certified guardian must include in a request for a waiver the details of his or her plan for completion of these requirements and the amount of time necessary to do so.(B) The Commission will consider the request at a regularly scheduled Commission meeting. The request must be received by the Director not less than 30 days prior to the next scheduled meeting of the Commission. If a request for waiver is not received in time to be heard at a regularly scheduled meeting before the provisional certification expires, the request will not be considered.(2) Upon expiration of a provisionally certified guardian's certification, the guardian must immediately provide written notice of the expiration to each court in which the guardian has been appointed pursuant to Section 1101.151 or Section 1101.152 of the Estates Code and, if the guardian provides guardianship services on behalf of the Health and Human Services Commission Office of Guardianship or a guardianship program, to each of those organizations on whose behalf the guardian provides guardianship services.(h) If a provisionally certified guardian applies to be a certified guardian within one year of obtaining provisional certification, the applicant need not submit a new criminal history record.Tex. R. Judi. Cert. Commi. 7.4
Amended effective 4/12/2018 immediately.