1. (a) The department shall certify programs in the following classifications.

   1. (1) Preliminary.

      1. (A) Preliminary certification may be awarded for a period of not more than six months to a program which has never been previously certified and has met the criteria described in §37.504 of this title (relating to Certification of Screening Programs) and §37.505(a) of this title (relating to Program Performance Standards and Goals).
      2. (B) A program holding preliminary certification may seek recertification based on performance data for the three months immediately preceding the program certification review.
      3. (C) A program holding preliminary certification may be awarded Provisional or Standard status, or may be decertified.

   2. (2) Standard.

      1. (A) Standard certification may be awarded for a period of not more than 24 months to a program that has met the criteria described in §37.504 and §37.505(a) of this title.
      2. (B) A program holding standard certification may seek recertification based on performance data for the 24 months immediately preceding the program certification review.
      3. (C) A program maintains its designated certification during certification review.
      4. (D) A program holding standard certification may be awarded Provisional, Standard, or Distinguished status, or may be decertified.

   3. (3) Distinguished.

      1. (A) Distinguished certification may be awarded for a period of not more than 36 months to a program that has met the criteria described in §37.504 and §37.505(b) of this title.
      2. (B) A program holding distinguished certification may seek recertification based on performance data for the 36 months immediately preceding the program certification review.
      3. (C) A program maintains its designated certification during certification review.
      4. (D) A program holding distinguished certification may be awarded Provisional, Standard, or Distinguished status, or may be decertified.

   4. (4) Provisional.

      1. (A) Provisional certification shall be valid for no more than six months.
      2. (B) Provisional certification shall be given to a program which fails to meet one or more of the criteria described in §37.504 or §37.505(a) of this title upon recertification review.
      3. (C) A program holding provisional certification may seek recertification review based on performance data for the six months immediately preceding the program certification review.
      4. (D) A program holding provisional certification may be awarded Standard status, or may be decertified.

2. (b) Decertification.

   1. (1) A program holding a Preliminary, Provisional, Standard, or Distinguished certification may be decertified if the department or department's designee determines that the program has knowingly submitted data that does not accurately reflect the screening results obtained from each newborn or infant tested.
   2. (2) A program holding a Provisional certification may be decertified if it fails to meet one or more of the certification criteria or performance standards in §37.504 or §37.505(a) of this title.
   3. (3) If the department or the department's designee proposes to decertify a program, the department or the department's designee shall notify the program in writing and shall provide the program an opportunity for a hearing in accordance with §§1.51 - 1.55 of this title (relating to Fair Hearing Procedures) to determine if there is evidence to support the proposed action. The program may submit a written request for a hearing to the department or the department's designee within 10 working days after receiving the notice.

3. (c) Recertification Following Decertification.

   1. (1) A program may apply for recertification following decertification based on performance data for the six months immediately preceding the review.
   2. (2) A program applying for recertification after decertification may receive Standard status or may remain decertified.

4. (d) Notice of Failure to Meet Performance Standards. The department or the department's designee shall notify in writing any certified program which fails to meet applicable performance standards during any two-month period.

   1. (1) A program notified of failure to meet performance standards shall provide to the department or the department's designee within 30 days of receipt of the notice a corrective action plan and the time frame needed to return the program to compliance.
   2. (2) Failure by the program to provide a written corrective action plan within 30 days may result in an immediate certification review.
5. (e) Fees. No fees shall be charged for certification or re-certification.

Source Note:The provisions of this §37.506 adopted to be effective May 11, 2000, 25 TexReg 3962; amended to be effective April 3, 2007, 32 TexReg 1913.