1. (a) A nurse who is not practicing nursing in Texas and who fails to maintain a current Texas license for a period of time less than four years may bring his or her license up-to-date by filing such forms as the board may require, showing evidence of having completed 20 contact hours of acceptable continuing education within two years immediately preceding the application for relicensure, and paying the current licensure fee plus a late fee and any applicable fines, which are not refundable.

2. (b) A nurse who is not practicing nursing and who fails to maintain a current license from any licensing authority for four or more years will be required to:

   1. (1) complete a refresher course or extensive orientation to the practice of nursing, or completion of a nursing program of study. The applicant will submit an application for temporary permit for the limited purpose of completing a refresher course, extensive orientation to the practice of nursing, or program of study;
   2. (2) submit evidence of the successful completion of the requirements of paragraph (1) of this subsection;
   3. (3) submit a completed reactivation application;
   4. (4) submit the current non-refundable licensure fee, plus a late fee and any applicable fines which are not refundable; and
   5. (5) submit evidence of completion of 20 contact hours of acceptable continuing education for the two years immediately preceding the application for relicensure.
3. (c) A nurse who fails to maintain a current Texas license for four years or more and who is licensed and has practiced in another state during the previous four years preceding the application for relicensure in Texas, shall be exempt from requirements of subsection (b)(1) and (2) of this section.

4. (d) The issuance of a license renewal may be refused to an individual who:

   1. (1) fails to submit an application for renewal; or

   2. (2) submits an application which:

      1. (A) is incomplete;
      2. (B) does not show that the person meets the requirements for renewal; or
      3. (C) is not accompanied by the correct fee(s).
5. (e) The refusal to renew the license for reasons in subsection (d)(1) and (2) of this section does not entitle the individual to a hearing.

6. (f) The individual refused a license renewal who wishes to reactivate his or her license will be required to:

   1. (1) correctly complete the reactivation application form;
   2. (2) show evidence of meeting all current requirements for licensure, including 20 contact hours of continuing education according to requirements in Chapter 216 of this title (relating to Continuing Education); and

   3. (3) submit payment of the correct non-refundable reactivation fee as follows:

      1. (A) if the license has been delinquent less than 90 days, the required fee will equal the renewal fee plus one-half the examination fee (see §223.1), plus any applicable fines; or
      2. (B) if the license has been delinquent for more than 90 days, the required fee will equal the renewal fee plus the full examination fee (see §223.1), plus any applicable fines.

7. (g) Special Reactivation Provisions for Actively Deployed Nurses.

   1. (1) If a nurse's license lapses and becomes delinquent while serving in the military whenever the United States is engaged in active military operations against any foreign power, the license may be reactivated without penalty or payment of the reactivation late renewal fee(s) under the following conditions:

      1. (A) The license was active at the time of deployment.
      2. (B) The application for reactivation is made while still in the armed services or no later than three months after discharge from active service or return to inactive military status.
      3. (C) A copy of the military activation orders or other proof of active military service accompanies the application;
      4. (D) The renewal fee is paid; and
      5. (E) If the required continuing education contact hours were not earned for renewal during the earning period, the nurse shall be required to complete the required continuing education hours needed for renewal no later than three months after discharge from active service, return to inactive military status, or return to the United States from an active war zone.
   2. (2) The continuing education contact hours used for reactivation may not be used for the next license renewal.
   3. (3) The continuing education contact hours for the next license renewal following reactivation may not be prorated.

Source Note:The provisions of this §217.6 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 5, 2004, 29 TexReg 6296; amended to be effective July 10, 2005, 30 TexReg 3997.