Amend SB 374, in Article 1 of the bill, by inserting the
following sections, appropriately numbered, and renumbering the
subsequent sections of the article accordingly:
SECTION ____. Section 242.309, Health and Safety Code, as
added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
Regular Session, 1997 (effective until federal determination of
failure to comply with federal regulations), is amended to read as
follows:
Sec. 242.309. PROVISIONAL LICENSE. (a) The board shall
issue <On application, the department shall grant> a provisional
license to an applicant currently licensed in another jurisdiction
who seeks a license in this state and who <under this subchapter.
An applicant for a provisional license under this section must>:
(1) has been <be> licensed in good standing as a
nursing facility administrator for at least two years in another
jurisdiction, including a foreign country, <in another state, the
District of Columbia, or a territory of the United States> that has
licensing requirements that are substantially equivalent to the
requirements of this subchapter;
(2) has <have> passed a national or other examination
recognized by the board relating to the practice of nursing
facility administration; and
(3) is <be> sponsored by a person licensed by the
board under this subchapter with whom the provisional license
holder will <may> practice during the time the person holds a
provisional license <under this section>.
(b) The board may waive <An applicant for a provisional
license may be excused from> the requirement of Subsection (a)(3)
for an applicant if the board <department> determines that
compliance with that subsection would be <constitutes> a hardship
to the applicant.
(c) A provisional license is valid until the date the board
<department> approves or denies the provisional license holder's
application for a license. The board <department> shall issue a
license under this subchapter to the provisional license holder <of
a provisional license under this section> if:
(1) the provisional license holder is eligible to be
licensed under <passes the examination required by> Section 242.306
<242.306(c)>; 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 board <department> verifies that the
provisional license holder meets <has> the academic and experience
requirements for a license under this subchapter; and
(B) <(3)> the provisional license holder
satisfies all other license requirements under this subchapter.
(d) The board must approve or deny <department shall
complete the processing of> a provisional license holder's
application for a license not later than the 180th day after the
date the provisional license is issued. The board <department> may
extend the 180-day period if the results of an examination have not
been received by the board before the end of that period <this time
in order to receive the results of a national examination or other
examination administered or graded by an outside organization
recognized by the department>.
(e) The board may establish a fee for provisional licenses
in an amount reasonable and necessary to cover the cost of issuing
the license.
SECTION ____. Section 242.310, Health and Safety Code, as
added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
Regular Session, 1997 (effective until federal determination of
failure to comply with federal regulations), is amended to read as
follows:
Sec. 242.310. LICENSE RENEWAL. (a) A person who is
otherwise eligible to renew a license may renew an unexpired
license by paying <to the department before the expiration of the
license> the required renewal fee to the department before the
expiration date of the license. A person whose license has expired
may not engage in activities that require a license until the
license has been renewed.
(b) A person whose <If a person's> license has been expired
for 90 days or less<, the person> may renew the license by paying
to the department a <the required> renewal fee <and a fee> that is
equal to 1-1/2 times the normally required renewal fee <one-half of
the examination fee for the license>.
(c) A person whose <If a person's> license has been expired
for more <longer> than 90 days but less than one year<, the person>
may renew the license by paying to the department a renewal fee
that is equal to two times the normally required renewal fee <all
unpaid renewal fees and a fee that is equal to the examination fee
for the license>.
(d) A person whose <If a person's> license has been expired
for one year or more <longer, the person> may not renew the
license. The person may obtain a new license by complying with the
requirements and procedures, including the examination
requirements, for obtaining an original license.
(e) A <However, the department may renew without
reexamination an expired license of a> person who was licensed in
this state, moved to another state, and is currently licensed and
has been in practice in the other state for the two years preceding
the date of application may obtain a new license without
reexamination. The <Such> person must pay to the department a fee
that is equal to two times the normally required renewal <the
examination> fee for the license.
(f) Not later than the 31st day <(e) At least 30 days>
before the date <expiration of> a person's license is scheduled to
expire, the department shall send written notice of the impending
<license> expiration to the person at the person's <license
holder's> last known address according to the records of the
department.
SECTION ____. Section 242.314, Health and Safety Code, as
added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
Regular Session, 1997 (effective upon federal determination of
failure to comply with federal regulations), is amended to read as
follows:
Sec. 242.314. PROVISIONAL LICENSE. (a) The <On
application, the> board shall issue <grant> a provisional license
to an applicant currently licensed in another jurisdiction who
seeks a license in this state and who <under this subchapter. An
applicant for a provisional license under this section must>:
(1) has been <be> licensed in good standing as a
nursing facility administrator for at least two years in another
jurisdiction, including a foreign country, <state, the District of
Columbia, or a territory of the United States> that has licensing
requirements that are substantially equivalent to the requirements
of this subchapter;
(2) has <have> passed a national or other examination
recognized by the board relating to the practice of nursing
facility administration; and
(3) is <be> sponsored by a person licensed by the
board under this subchapter with whom the provisional license
holder will <may> practice during the time the person holds a
provisional license <under this section>.
(b) The board may waive <An applicant for a provisional
license may be excused from> the requirement of Subsection (a)(3)
for an applicant if the board determines that compliance with that
subsection would be <constitutes> a hardship to the applicant.
(c) A provisional license is valid until the date the board
approves or denies the provisional license holder's application for
a license. The board shall issue a license under this subchapter
to the provisional license holder <of a provisional license under
this section> if:
(1) the provisional license holder is eligible to be
licensed under <passes the examination required by> Section 242.311
<242.311(c)>; or
(2) the provisional license holder passes the part of
the examination under Section 242.312 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 board verifies that the provisional
license holder meets <has> the academic and experience requirements
for a license under this subchapter; and
(B) <(3)> the provisional license holder
satisfies any other license requirements under this subchapter.
(d) The board must approve or deny <shall complete the
processing of> a provisional license holder's application for a
license not later than the 180th day after the date the provisional
license is issued. The board may extend the 180-day period if the
results of an examination have not been received by the board
before the end of that period <this time in order to receive the
results of a national examination or other examination administered
or graded by an outside organization recognized by the board>.
(e) The board may establish a fee for provisional licenses
in an amount reasonable and necessary to cover the cost of issuing
the license.
SECTION ____. Section 242.315, Health and Safety Code, as
added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
Regular Session, 1997 (effective upon federal determination of
failure to comply with federal regulations), is amended to read as
follows:
Sec. 242.315. LICENSE RENEWAL. (a) A person who is
otherwise eligible to renew a license may renew an unexpired
license by paying <to the board before the expiration of the
license> the required renewal fee to the board before the
expiration date of the license. A person whose license has expired
may not engage in activities that require a license until the
license has been renewed.
(b) A person whose <If a person's> license has been expired
for 90 days or less<, the person> may renew the license by paying
to the board a <the required> renewal fee that is equal to 1-1/2
times the normally required fee <and a fee that is one-half of the
examination fee for the license>.
(c) A person whose <If a person's> license has been expired
for more <longer> than 90 days but less than one year<, the person>
may renew the license by paying to the board a <all unpaid> renewal
<fees and a> fee that is equal to two times the normally required
renewal fee <the examination fee for the license>.
(d) A person whose <If a person's> license has been expired
for one year or more <longer, the person> may not renew the
license. The person may obtain a new license by complying with the
requirements and procedures, including the examination
requirements, for obtaining an original license.
(e) A <However, the board may renew without reexamination an
expired license of a> person who was licensed in this state, moved
to another state, and is currently licensed and has been in
practice in the other state for the two years preceding the date of
application may obtain a new license without reexamination. The
person must pay to the board a fee that is equal to two times the
normally required renewal <the examination> fee for the license.
(f) Not later than the 31st day <(e) At least 30 days>
before the date <expiration of> a person's license is scheduled to
expire, the board shall send written notice of the impending
<license> expiration to the person at the person's <license
holder's> last known address according to the records of the board.
SECTION ____. The changes in law made by this article to
Section 242.309, Health and Safety Code, as added by Section 1.01,
Chapter 1280, Acts of the 75th Legislature, Regular Session, 1997,
Section 242.310, Health and Safety Code, as added by Section 1.01,
Chapter 1280, Acts of the 75th Legislature, Regular Session, 1997,
Section 242.314, Health and Safety Code, as added by Section 2.01,
Chapter 1280, Acts of the 75th Legislature, Regular Session, 1997,
and Section 242.315, Health and Safety Code, as added by Section
2.01, Chapter 1280, Acts of the 75th Legislature, Regular Session,
1997, relating to the qualifications for a license issued by the
Texas Department of Human Services apply only to an application for
a license made on or after the effective date of this article. An
application made for a license issued by the Texas Department of
Human Services before the effective date of this article is
governed by the law in effect on the date the application was made,
and the former law is continued in effect for that purpose.