1. (a) Application. Unless the text clearly says otherwise, use of the term licensee shall include both licensees and registrants, and use of the term license shall include both licenses and registrations.

   1. (1) After the initial license period, a licensee must renew the license every two years. This requirement does not apply to renewal of a temporary license or a student registration.
   2. (2) At least thirty (30) days before the expiration date of a person's license, the department shall send notice to the licensee at the address in the department's records, of the expiration date of the license, the amount of the renewal fee due and a license renewal form that the licensee must complete and return to the department with the required renewal fee.
   3. (3) Each licensee is responsible for renewing the license before the expiration date and shall not be excused from paying additional fees or penalties. Failure to receive notification of expiration from the department before the expiration date of the license shall not excuse failure to apply for renewal or late renewal.
   4. (4) The department shall not renew the license of a licensee who is in violation of the Act or department rules at the time of application for renewal.
2. (b) A student registration may be renewed once for an additional two years. A student registration may not be renewed more than once in each area: prosthetics, orthotics, or both.

3. (c) License renewal requirements. To renew a license, a licensee must:

   1. (1) submit a completed renewal application on a department-approved form;
   2. (2) submit proof of successfully completing the Texas Jurisprudence Exam, if applicable;
   3. (3) successfully pass a criminal history background check;
   4. (4) complete applicable continuing education requirements under §114.50;
   5. (5) comply with the continuing education audit process described under §114.50, as applicable; and
   6. (6) submit the renewal fee required under §114.80.

4. (d) Renewal for a retired practitioner performing voluntary charity care.

   1. (1) A retired practitioner performing voluntary charity care is a person who is:

      1. (A) at least 55 years old;
      2. (B) is not employed for compensation in the practice of orthotics or prosthetics; and
      3. (C) has notified the department in writing of the intention to retire and provide only voluntary orthotic or prosthetic charity care.
   2. (2) A retired practitioner who is only providing voluntary charity care may renew the license by submitting a renewal form; the required fee; and documentation of required continuing education hours.
   3. (3) A retired practitioner may not change his or her retired status until the next renewal period. To change status upon renewal, the retiree must notify the department in writing, submit a renewal form, the renewal fee for a prosthetist or orthotist license, and documentation of the required continuing education hours.

5. (e) Renewal of facility accreditation.

   1. (1) An accreditation is valid for two years.
   2. (2) The department shall not renew the accreditation of a facility that is violating or has violated the Act or this chapter until the facility has corrected the violation(s) to the satisfaction of the department.
   3. (3) At least thirty (30) days before the expiration of a facility's accreditation, the department will send notice to the facility of the accreditation expiration date, the amount of the renewal fee due and an accreditation renewal application. Failure to receive a renewal application from the department does not exempt the facility from renewing its accreditation. Each facility is responsible for renewing the license before the expiration date and shall not be excused from paying additional fees or penalties. Failure to receive notification of expiration from the department before the expiration date of the license shall not excuse failure to apply for renewal or late renewal.
   4. (4) The department shall issue an accreditation renewal to a facility that has met the requirements for renewal. It shall be affixed to or displayed with the original accreditation and is the property of the department.
   5. (5) After an accreditation is expired and until the facility has renewed the accreditation, the facility may not provide orthotic or prosthetic patient care.

6. (f) Expiration of license or accreditation.

   1. (1) A person may not practice with an expired license.
   2. (2) A person whose license has expired may not use the title or represent or imply that he or she has the title of "licensed orthotist," "licensed prosthetist," "licensed prosthetist/orthotist," "licensed orthotist assistant," "licensed prosthetist assistant," "licensed prosthetist/orthotist assistant," or use the letters "LO," "LP," "LPO," "LOA," "LPA," or "LPOA," and may not use facsimiles of those titles.
   3. (3) A facility that fails to renew its accreditation shall not represent or imply that the facility is accredited by the department.
   4. (4) A person whose license has expired may late renew the license in accordance with §60.31 of this title (relating to License Renewal Applications) and §60.83 of this title (relating to Late Renewal Fees). Facilities whose accreditation has expired may late renew the accreditation in accordance with §60.31 and §60.83.

Source Note:The provisions of this §114.40 adopted to be effective October 1, 2016, 41 TexReg 4467.