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 board-approved refresher course, 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 within the previous two years.
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 a minimum of two of 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.

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.