Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter B - PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDERS PROGRAM › Section 140.38 - Renewal of License or Registration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The purpose of this section is to set out the rules governing license or
				  registration renewal.
(b) When
				  issued, a license is valid for two years, as determined by the department,
				  commencing on the date of issuance of the initial license. All registrations
				  associated with the license shall expire on the same date as the
				  license.
(c) A licensee or
				  registrant must renew the license or registration biennially. The renewal date
				  of a license shall be the last day of the month in which the license was
				  originally issued.
(d) At least 30
				  days prior to the expiration date of a license or registration, the department
				  shall send a notice of renewal to the licensee's or registrant's address in the
				  department's records. The notice shall inform the licensee or registrant of the
				  impending expiration and of the procedures for renewal.
(e) The renewal process shall require the
				  applicant to provide the preferred mailing address and the disclosure of
				  misdemeanor or felony convictions. If the applicant is a corporation or other
				  business entity, evidence of a general liability insurance policy on a
				  certificate of insurance form prescribed by the department and countersigned by
				  an insurance agent licensed in this state or a certificate of insurance for
				  surplus lines coverage obtained under Insurance Code, Article 1.14-2, through a
				  licensed Texas surplus lines agent resident in this state, must also be
				  submitted.
(f) A licensee or
				  registrant has applied for renewal of the license or registration when the
				  licensee or registrant has mailed the fully completed renewal form, the
				  required renewal fee, and the certificate of insurance (if required) to the
				  department prior to the expiration date of the license or registration. The
				  postmark date shall be considered the date of mailing. If renewing
				  electronically, the licensee or registrant has applied for renewal of the
				  license or registration upon successful completion of the online renewal
				  process.
(g) After review of the
				  renewal application, the department shall issue a renewed license or
				  registration to a licensee or registrant who has met all requirements for
				  renewal.
(h) Each licensee or
				  registrant is responsible for renewing the license or registration before the
				  expiration date and shall not be excused from paying additional fees or
				  penalties. Failure to receive notification from the department prior to the
				  expiration date of the license or registration shall not excuse failure to file
				  for timely renewal.
(i) A licensee
				  or registrant whose license or registration has expired may not provide, sell,
				  or install personal emergency response system services in this state.
(j) A person whose license or registration
				  has been expired for 90 days or less may renew the license or registration by
				  paying to the department a renewal fee that is equal to one and one-half times
				  the normally required renewal fee.
(k) A person whose license or registration
				  has been expired for more than 90 days but less than one year may renew the
				  license or registration by paying to the department a renewal fee that is equal
				  to two times the normally required renewal fee.
(l) A person whose license or registration
				  has been expired for one year or more may not renew the license or
				  registration. The person may obtain a new license or registration by complying
				  with the requirements and procedures for an original license or
				  registration.
(m) A licensee or
				  registrant whose check for a licensing or registration fee is not honored by
				  their financial institution shall remit to the department a money order or
				  cashier's check within 30 days of the date of the licensee's or registrant's
				  permit holder's receipt of the department's notice. If proper payment is not
				  received, the license or registration shall not be renewed. If a renewed
				  license or registration has already been issued, it shall be
				  ineffective.
(n) If a licensee or
				  registrant fails to timely renew his or her license or registration because the
				  licensee or registrant is or was on active duty with the armed forces of the
				  United States of America serving outside the State of Texas, the licensee or
				  registrant may renew the license or registration pursuant to this subsection.
(1) Renewal of the license or registration
				  may be requested by the licensee or registrant, the licensee's or registrant's
				  spouse, or an individual having power of attorney from the licensee or
				  registrant. The renewal form shall include a current address and telephone
				  number for the individual requesting the renewal.
(2) Renewal may be requested before or after
				  expiration of the license or registration. Licensees or registrants who renew
				  in accordance with this subsection shall be excused from paying late fees and
				  penalties.
(3) A copy of the
				  official orders or other official military documentation showing that the
				  licensee or registrant is or was on active duty serving outside the State of
				  Texas shall be filed with the department along with the renewal form.
(4) A copy of the power of attorney from the
				  licensee or registrant shall be filed with the department along with the
				  renewal form if the individual having the power of attorney executes any of the
				  documents required in this subsection.