1. (a) Unless the context clearly indicates otherwise, use of the terms license, licensure, and licensing shall apply to both licenses and registrations.
2. (b) Materials submitted in the licensure process become the property of the department and are not returnable.

3. (c) Unless otherwise indicated an applicant must submit the following, as applicable to the license type for which the person is applying:

   1. (1) a completed application on a department-approved form;
   2. (2) official transcript(s) or certificates of all relevant college courses, degrees, and residencies showing successful completion of the applicable requirements under the Act and this chapter;
   3. (3) the department-approved form providing information regarding other state licenses, certificates or registrations that an applicant holds or held, if applicable; and
   4. (4) the fee required under §114.80.
4. (d) The department will accept as proof of completion of a degree or course work an official transcript from a regionally accredited college or university. Foreign transcripts must be submitted with an evaluation from World Education Services (WES), or another provider approved by the department, that demonstrates equivalency of the foreign degree or coursework with a U.S. degree or coursework.
5. (e) Uniquely qualified applicants for a practitioner license shall submit department reference forms from a total of two physicians, practitioners, or persons licensed or certified by a state or by a national organization in orthotics or prosthetics who can attest to the applicant's skills and professional standards of extensive prosthetic or orthotic practice.
6. (f) All applicants for initial licensure and for every other renewal cycle must submit proof of successful completion of the Texas Jurisprudence Examination required under §114.21, at the time of application.
7. (g) The applicant must successfully pass a criminal history background check.

8. (h) Disapproved applications. The department may disapprove an application if the applicant:

   1. (1) has failed or refused to properly complete or submit application form(s) or endorsement(s) or has knowingly presented false or misleading information on the application form or other form or documentation required by the department to verify the applicant's qualifications for a license;
   2. (2) has obtained or attempted to obtain a license issued under the Act by bribery or fraud;
   3. (3) has made or filed a false report or record made in the person's capacity as a prosthetist, orthotist, prosthetist/orthotist, prosthetist assistant, orthotist assistant, prosthetist/orthotist assistant, prosthetic technician, orthotic technician, or prosthetic/orthotic technician;
   4. (4) has failed to file a report or record required by law;
   5. (5) has obstructed or induced another to obstruct the filing of a report or record required by law;
   6. (6) has engaged in unprofessional conduct including the violation of the prosthetic and orthotic standards of practice as established by the department in §114.90;
   7. (7) has developed an incapacity that prevents prosthetic or orthotic practice with reasonable skill, competence, or safety to the public as the result of a physical or mental condition or illness or drug or alcohol dependency;
   8. (8) has failed to report a known violation of the Act to the department;
   9. (9) has violated a provision of the Act, a rule adopted under the Act, or an order issued by the executive director or the commission;
   10. (10) has been excluded from participation in Medicare, Medicaid, or other federal or state cost-reimbursement programs due to fraudulent activities;
   11. (11) has committed a prohibited act under the Act, §§605.351 - 605.353; or
   12. (12) fails to meet department standards for the license for which the applicant is applying developed in accordance with Chapter 53, Occupations Code, relating to criminal history.

Source Note:The provisions of this §114.20 adopted to be effective October 1, 2016, 41 TexReg 4467.