Texas Administrative Code Title 40

Social Services and Assistance: As effective August 6, 2010

Chapter 370

§370.1: License Renewal

(a) Licensee Renewal: Licensees are required to renew their licenses every two years by the end of their birth month. A licensee may not provide occupational therapy services without a current license or renewal certificate in hand. If a license expired after all required items are submitted but before the licensee received the renewal certificate, the licensee may not provide occupational therapy services until the renewal certificate is in hand.

(1) General Requirements. The renewal application is not complete until the board receives all required items. The components required for license renewals are:

(A) signed renewal application form, or online equivalent verifying completion of 30 hours of continuing education, as per Chapter 367 of this title (relating to Continuing Education);

(B) the renewal fee and any late fees which may be due;

(C) a passing score on the Jurisprudence exam; and

(D) any additional forms the board may require.

(2) The licensee is responsible for ensuring that the license is renewed, whether receiving a renewal notice or not.

(3) Online Renewal. Licensees may complete their renewal online but can only continue to practice with their online receipt for 30 days from the date on the receipt.

(A) Licensees who do not have a Social Security Number on file will be unable to renew online.

(B) Licensees who are inactive status, or who wish to change their current status must renew with a paper application before the expiration date.

(C) Licensees who want to change their name on their license must submit a copy of court documents with the new name before the renewal process so that the renewal card reflects the new name. Changing the wall license requires a replacement license fee. Should the change occur out of the renewal process sequence, the licensee must pay for a duplicate renewal card and/or wall license.

(b) Restrictions to Renewal/Restoration

(1) The board will not renew a license if a licensee has defaulted with the Student Loan Corporation (TGSLC). Upon notice from TGSLC that a repayment agreement has been established, the license shall be renewed.

(2) The board will not renew a license if the licensee has defaulted on a court or attorney general's notice of child support. Upon receipt that repayment has been established, the license shall be renewed.

Comments

Source Note: The provisions of this §370.1 adopted to be effective October 11, 1994, 19 TexReg 7716; amended to be effective January 1, 1996, 20 TexReg 10908; amended to be effective May 8, 1996, 21 TexReg 3715; amended to be effective November 4, 1997, 22 TexReg 10751; amended to be effective October 25, 1998, 23 TexReg 10912; amended to be effective February 12, 2001, 26 TexReg 1348; amended to be effective July 22, 2001, 26 TexReg 5442; amended to be effective October 27, 2003, 28 TexReg 9291; amended to be effective December 4, 2005, 30 TexReg 7891; amended to be effective May 31, 2007, 32 TexReg 2880

§370.2: Late Renewal

(a) A renewal application is late if all required materials are not postmarked prior to the expiration date of the license. Licensees who do not complete the renewal process prior to the expiration date are subject to late fees as described.

(1) If the license has been expired for 90 days or less, the person may renew the license by:

(A) submitting the renewal fee and the board approved late fee; and

(B) reporting completion of the required number of contact hours of continuing education.

(2) If the license has been expired for more than 90 days, but less than one year, the person may renew the license by:

(A) submitting the renewal fee and the board approved late fee; and

(B) reporting completion of the required number of contact hours of continuing education.

(b) If the license has been expired for longer than one year the person may not renew the license. To obtain a new license, the applicant must retake and pass the national examination and comply with the requirements and procedure for obtaining an original license set by Chapter 364 of this title (relating to Requirements for Licensure).

(1) If the person's Texas license has been expired two years or less, the person shall:

(A) make application for licensure to the board on a form prescribed by the board, which includes a recent passport type photo;

(B) pass the board jurisprudence examination;

(C) submit copies of the completed continuing education showing 45 hours of continuing education as per Chapter 367 of this title (relating to continuing education), with a minimum of 30 hours in Type 2;

(D) pay the restoration fee; and

(E) complete all requirements for licensure within one year from the date of the application.

(2) Or; if the person's Texas license has been expired four years or less, the person shall:

(A) retake the NBCOT examination for "licensure purposes only" and have a score report sent to the board; or

(B) complete a re-entry certificate program through an Accreditation Council for Occupational Therapy Education (ACOTE) accredited college or university, which includes instruction and fieldwork supervision, with a certificate sent to the board; or

(C) obtain an advanced occupational therapy degree, with a official transcript sent to the board;

(D) make application for licensure to the board on a form prescribed by the board, which includes a recent passport type photo;

(E) pass the board jurisprudence examination;

(F) pay the restoration fee;

(G) submit an official transcript;

(H) complete all requirements for licensure within one year from the date of the application.

(c) Restoration: Persons holding a license in another state, previously licensed in Texas:

(1) The board may issue a license to a person who was licensed in Texas, moved to another state, is currently licensed in the other state, and has not had a license that was granted by any other state suspended, revoked, canceled, surrendered or otherwise restricted for any reason if the person meets the following requirements:

(A) make application for licensure to the board on a form prescribed by the board which includes a recent passport type photo;

(B) submits to the board verification of the current and expired license(s) in good standing from the other state(s) since leaving Texas;

(C) passes the jurisprudence exam;

(D) pays the board approved fee; and

(E) complete all requirements for licensure within one year from the date of the application.

(2) The license shall expire at the last day of the month of the licensee's birth. The duration shall be at least two years, and licensees shall obtain the continuing education as per Chapter 367 of this title.

(d) Military Service

(1) If a reserve status licensee is called into active military service, and his or her license expires during service, the licensee may follow the requirements for renewal with no penalty if the licensee:

(A) submits the renewal within 90 days after return to reserve status;

(B) submits evidence of active service and its inclusive dates.

(2) A reserve status licensee who is called into active military service will have 6 additional months after release from active military service to submit proof of completion of the 30 required CE hours as per Chapter 367 of the this title (relating to Continuing Education).

Comments

Source Note: The provisions of this §370.2 adopted to be effective May 31, 2007, 32 TexReg 2880; amended to be effective June 18, 2009, 34 TexReg 3983; amended to be effective January 1, 2010, 34 TexReg 8968