(a) Purpose. The purpose of this section is to describe the time periods by which the department processes applications for licensure, certification, registration, and permitting of special health services professionals.
(b) First time period. The first period is a time from the receipt of an application to the date of issuance of a written notice that the application is complete or that additional specific information is required. A written notice stating the application has been approved may be sent in lieu of the notice of acceptance of a complete application. The time periods for each application are as follows:
  (1) Dietitians. The letter of application acceptance for licensure and provisional licensure is 14 days; the letter of deficiency is 14 days; and the issuance of renewal license and provisional license is 20 days.
  (2) Massage therapists. The letter of application acceptance for registration, instructor approval, and school approval is 14 days; the letter of deficiency is 14 days; and the issuance of renewal registration is 20 days.
  (3) Athletic trainers. The letter of application acceptance for licensure is 14 days; the letter of deficiency is 30 days; and the issuance of renewal license is 20 days.
  (4) Medication aides. The letter of application acceptance/ ineligibility for permit is 14 days; the letter of deficiency is 14 days; and the issuance of renewal permit is 20 days.
  (5) Professional counselors. The letter of application acceptance for licensure is 20 days; the letter of deficiency is 20 days; and the issuance of license renewal after receipt of documentation of all renewal requirements is 10 days.
  (6) Respiratory therapists. The letter of application acceptance for certificate or temporary permit is 14 days. The notice of acceptance may include a statement that an application for temporary permit received more than 45 days from the date of the applicant's graduation will be held pending until the applicant is within 45 days of graduation; the letter of deficiency is 14 days; and the issuance of renewal certificate after receipt of documentation of all renewal requirements is 14 days.
  (7) Speech-language pathologists/audiologists. The letter of application acceptance for licensure is 15 days; the letter of deficiency is 15 days; the letter of application acceptance for temporary certificate of registration is 150 days; and the issuance of license renewal after receipt of documentation of all renewal requirements is 14 days.
  (8) Medical radiologic technologists. The letter of application acceptance for all categories is 21 days; the letter of deficiency for all categories is 21 days; and the issuance of renewal certificate is 21 days.
(c) Second time period. The second period is a time from the receipt of the last item necessary to complete the application to the date of issuance of written notice approving or denying the application. The denial time periods include notification of the proposed decision and the opportunity for an informal or formal hearing. The time periods for each application are as follows.
  (1) Dietitians. The initial letter of approval for licensure (exam waived) is 20 days; the initial letter of approval for provisional licensure is 45 days; the letter of denial for licensure/provisional licensure is 240 days; the letter of qualification for examination is 45 days; the initial letter of approval for licensure (exam passed) is 240 days (this time limit reflects the applicant successfully completing the next available exam; however, the time has gone as high as 730 days because of actions by the applicant); and the issuance of renewal license and provisional license is 20 days.
  (2) Massage therapists. The initial letter of approval for registration and approved instructor is 20 days; the initial letter of approval for school is 45 days; the letter of denial for registration is 90 days; and the issuance of renewal registration is 20 days.
  (3) Athletic trainers. The letter of approval for examination is 30 days; the letter of approval for temporary license is 30 days; the initial letter of approval for licensure is 150 days (this time limit reflects the applicant successfully completing the next available exam; however, the time has gone as high as two years because of actions by the applicant); the letter of denial for licensure is 180 days; and the issuance of renewal registration is 20 days.
  (4) Medication aides. The issuance of initial permit is 90 days; the letter of denial for permit is 90 days; and the issuance of renewal permit is 20 days.
  (5) Professional counselors. The letter of approval for examination is 20 days; the letter of approval or denial for licensure after examination is 180 days (this time limit reflects the applicant's successfully completing the next available exam; however, the time can go as high as 350 days because of actions by the applicant); and the issuance of license renewal after receipt of documentation of renewal requirements is 10 days.
  (6) Respiratory therapists. The initial letter of approval for certificate or temporary permit is 14 days; the letter of denial is 180 days; and issuance of renewal certificate after receipt of documentation of all renewal requirements is 14 days.
  (7) Speech-language pathologist/audiologists. The initial letter of approval for licensure is 28 days; the initial letter of approval for temporary certificate of registration is 150 days; the letter of denial for licensure/temporary certificates of registration is 150 days; and the issuance of renewal license, after receipt of documentation of all renewal requirements, is 14 days.
  (8) Medical radiologic technologists. The initial letter of approval for certification is 42 days; the initial letter of disapproval (all types) is 180 days; the initial letter of instructor approval is 42 days; and the initial letter of curricula or program approval is 120 days.
(d) Reimbursement of fees.
  (1) In the event the application is not processed in the time periods as stated in subsections (b) and (c) of this section, the applicant has the right to request of the program administrator full reimbursement of all filing fees paid in that particular application process. If the program administrator does not agree that the established periods have been violated or finds that good cause existed for exceeding the established periods, the request will be denied.
  (2) Good cause for exceeding the period established is considered to exist if the number of applications for licenses, registrations, certifications, and permits, as appropriate to be processed, exceeds by 15% or more the number processed in the same calendar quarter the preceding year; another public or private entity utilized in the application process caused the delay; or other conditions existed giving good cause for exceeding the established periods.
(e) Appeal. If the request for full reimbursement authorized by subsection (d) of this section is denied, the applicant may then appeal to the commissioner of health for a resolution of the dispute. The applicant shall give written notice to the commissioner that he requests full reimbursement of all filing fees paid because his application was not processed within the adopted time period. The program administrator shall submit a written report of the facts related to the processing of the application and good cause for exceeding the established time periods. The commissioner will make the final decision and provide written notification of his decision to the applicant and the program administrator.
(f) Contested case hearing. If at any time during the processing of the permit during the second time period, a contested case hearing becomes involved, the time periods in §1.34 of this title (relating to Time Periods for Conducting Contested Case Hearing) is applicable.

Source Note: The provisions of this §113.1 adopted to be effective June 1, 1988, 13 TexReg 2081.