DSHS-Related Waivers

DSHS is seeking approval for waivers of certain DSHS program requirements in response to COVID-19. This page will be updated when additional waivers are approved.

EMS/First Responder Workforce (Proclamation – April 2, 2020):

• Local medical directors for licensed EMS providers may permit individuals who are qualified, but not formally certified, to provide critical emergency response services for patients treated and transported by the EMS provider (Texas Health and Safety Code Section 773.050(a), 25 Texas Administrative Code Section 157.11(h)).
• First responder organizations may delay submission of renewal applications and certain completion requirements for licensure (25 Texas Administrative Code Section 157.14(f)(1) and (2)).
• EMS personnel whose certification expired less than one year prior to the Governor’s declaration on March 13, 2020, are not required to submit the required skills verification at this time (Texas Administrative Code Section 157.34(a)(3), 157.34(e)(2)-(3)).
• Out-of-state Advanced Emergency Medical Technicians who are qualified, but currently unable to take the skills test, are able to provide essential EMS services (25 Texas Administrative Code Section 157.33(i)(2)(B)).
• EMS providers whose license expires after March 13, 2020 may temporarily delay submission of their renewal application and completion of the licensure requirements until the end of the waiver period (25 Texas Administrative Code Section 157.11(o)(2)(A)-(E)).

Other DSHS Programs

• Donated Meat for Food Bank Donation:
• Exotic animal meat may be donated to a licensed food bank without requiring the inspection of slaughter and processing of such meat until the March 13, 2020 disaster declaration is lifted or expires (Texas Health and Safety Code, Sections 433.021 and 433.022).
• Day Care Centers/Schools:
• A child-care provider, school nurse, or school administrator is not required to review the immunization status of a provisionally enrolled child or student every 30 days until June 15, 2020, or earlier should the disaster declaration be lifted or expires (25 Texas Administrative Code Section 97.66(a)-(c)).
• Radiation Control:
• Industrial Radiographers seeking to renew their license will not be required to take a renewal exam at this time (25 Texas Administrative Code Section 289.255(h)(3)(B)). The DSHS Consumer Protection Division canceled all Industrial Radiographer certification examinations through at least April 30, 2020 (see the Notice on the Industrial Radiographer Certification website).
• Animal Control Training Requirements:
• A person performing the duties of an animal control officer is not required to complete the initial basic animal control course and related education during the waiver period. A non-veterinarian euthanizing animals in the custody of an animal shelter is not required to complete a training course in the proper methods and techniques for euthanizing animals during the waiver period. The waiver of education and training requirements is in effect for 90 days from May 14, 2020, unless the rules and statute suspension is modified or terminated, or unless the March 13, 2020 disaster declaration is lifted or expires (25 Texas Administrative Code 169.84(g), Texas Health and Safety Code Sec. 821.055(a) and (d), Texas Health and Safety Code Sec. 829.002(1)(A) and (2)(A), Texas Health and Safety Code Sec. 829.004(a) and (b)).
• Lead Certifications:
• The expiration date of lead inspector certifications, lead risk assessor certifications, lead abatement supervisor certifications, lead abatement project designer certifications, and lead abatement worker is now extended from two years to three years. This extension is in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires (25 Texas Administrative Code 295.206(a), .207(a), .208(a), .209(a), and .210(a), as well as Texas Occupations Code Sec. 1955.055(a)).
• Asbestos Licenses:
• The duration of asbestos licenses required by Chapter 1954 of the Texas Occupations Code has been suspended. This suspension is in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires (Texas Occupations Code Sec. 1954.201(a)).
• The Commissioner of the Department of State Health Services pursuant to the authority granted under Texas Occupations Code §1954.111(a) and 25 Texas Administrative Code §295.35(d) has ordered that licenses and registrations of Asbestos Licensees due to expire during the Governor’s declared disaster proclamation will now expire 6-months after the expiration date on the license or registration.
• Restaurant-Prepared Foods Sold in Grocery Stores:
• Permitted restaurants are allowed to sell prepared foods at grocery stores without needing to obtain a food manufacturer’s license from DSHS. This waiver is in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires (Texas Health and Safety Code Section 431.222, 25 Texas Administrative Code Section 229.182(a),(b), and (d)). See also the DSHS Guidance Regarding Sale of Restaurant-Prepared Food Products in Grocery Stores (PDF).