(a) Minimum eligibility requirements for instructor certification. The following requirements apply to persons applying for certification:
  (1) Texas residency;
  (2) at least 18 years of age;
  (3) lack of physical or mental impairment, which in accordance with the Americans with Disabilities Act interferes with the performance of duties or otherwise constitutes a hazard to the health or safety of the persons being served; and
  (4) achievement of core competencies in instruction or training as identified in policy through completion of certified competency-based instructor training within the past three years or through department verification of at least 1,000 hours related training experience within the past three years.
(b) Application requirements for instructors. The department specifies the required information and documentation that an applicant shall complete and the department notifies the applicant if the application is incomplete.
(c) Application approval. The department approves any application which complies with this chapter and which properly documents applicant eligibility, unless the application is disapproved under the provisions of subsection (d) of this section.
(d) Disapproved applications.
  (1) The department may disapprove the application if the applicant:
    (A) has not met the eligibility and application requirements set out in this chapter;
    (B) has failed or refused to properly complete or submit any required information or has knowingly presented false or misleading information in the application process;
    (C) has engaged in unethical conduct as defined in §146.7 of this chapter (relating to Professional and Ethical Standards);
    (D) has been convicted of a felony or misdemeanor directly related to the duties and responsibilities of a promotor(a) or community health worker or instructor as set out in §146.8 of this chapter (relating to Enforcement); or
    (E) has developed an incapacity which in accordance with the Americans with Disabilities Act prevents the person from practicing with reasonable skill, competence, and safety to the public as the result of:
      (i) an illness;
      (ii) drug or alcohol dependency; or
      (iii) another physical or mental condition or illness.
  (2) If the department determines that the application should not be approved because it is incomplete, the department gives the applicant written notice of the reason for the disapproval and the opportunity for re-application.
  (3) If the department determines that the application should not be approved because experience requirements are not met, the department gives the applicant written notice of the reason for the disapproval and the opportunity for re-application after sufficient experience is obtained.
  (4) An applicant whose application has been disapproved for a reason other than paragraph (2) or (3) in this subsection, may appeal the disapproval under the fair hearing procedures found in Chapter 1, Subchapter C of this title (relating to Fair Hearing Procedures).
(e) Changes of name and address.
  (1) The department changes the status of a certification to inactive upon receipt of notification that the certificate holder no longer lives in Texas.
  (2) Notification of name changes shall be submitted to the department and include a copy of a marriage certificate, court decree evidencing such change, Texas driver's license or identification card, or a social security card reflecting the new name before a certificate or identification card is issued by the department.
(f) Certificate.
  (1) The department issues the instructor a certificate with an expiration date and a certificate number. An identification card shall be included for a certified instructor.
  (2) The department replaces a lost, damaged, or destroyed certificate or identification card upon written request.
(g) An instructor must be affiliated with an approved training program in order to provide department-certified training to certified promotores or community health workers or instructors.
(h) Certificate renewal.
  (1) An instructor shall renew the certificate every two years in accordance with policy. Failure to receive notification from the department before the expiration date will not excuse failure to file for renewal.
  (2) An instructor must complete at least 20 contact hours of continuing education acceptable to the department and related to the core competencies during each certification period.
  (3) Before certificate expiration, an instructor may request one 90-day extension to complete the continuing education requirement and apply for certificate renewal.
(i) Late renewals.
  (1) A person whose certificate has expired for not more than one year may renew the certificate by submitting to the department the completed renewal application. An instructor must submit proof of compliance with continuing education requirements for renewal as set out in this section before the late renewal is effective. A certificate issued under this subsection shall expire two years from the date the previous certificate expired.
  (2) A person whose certification has been expired for more than one year must meet the requirements under subsection (a) of this section and apply for a new certificate.

Source Note: The provisions of this §146.5 adopted to be effective August 20, 2019, 44 TexReg 4317