1. (a) A nurse who elects to change from active licensure status to inactive status must:

   1. (1) submit a written request to the board prior to the expiration of his/her license;
   2. (2) designate "inactive" on the renewal form if at the time of renewal.

2. (b) A nurse on inactive status, who is 65 or older, and requests to use the title "Licensed Vocational Nurse, Retired," "LVN, Retired," "Vocational Nurse, Retired," "VN, Retired," "Registered Nurse, Retired," or "RN, Retired," must submit the following:

   1. (1) a written request to use the title; and
   2. (2) the required, non-refundable fee.
3. (c) An individual who is permitted under §301.261 to use the title "Licensed Vocational Nurse, Retired," "LVN, Retired," "Vocational Nurse, Retired," "VN, Retired," "Registered Nurse, Retired," or "R.N., Retired," may not use that title to practice as a nurse for compensation.

4. (d) Volunteer Retired Nurse Authorization. In compliance with Texas Occupations Code §112.051, the Board shall adopt rules providing for reduced fees and continuing education requirements for retired health care practitioners whose only practice is voluntary charity care. The Board shall also define voluntary charity care.

   1. (1) A licensed nurse whose license is designated as "retired" status, or who chooses to place his/her nursing license on "retired" status, as defined in Texas Occupations Code §301.261(e), or who seeks to renew authorization as a Volunteer Retired Nurse must meet the following criteria to qualify for Volunteer Retired (VR) Nurse Authorization:

      1. (A) Must have no current action or pending investigation on his/her nursing license or VR authorization. This qualifier applies to all licenses/authorizations or APN authorizations held;
      2. (B) Must claim Texas as the nurse's Primary State of Residence in accordance with Texas Occupations Code Chapter 304, Nurse Licensure Compact, and Chapter 220 of this title.
      3. (C) If applying for VR-VN or VR-RN, must have completed at least 10 hours of either Type 1 or Type 2 continuing education as defined in Chapter 216 of this title during the previous biennium. If applying for VR-RN with APN authorization, the nurse must meet CE requirements as described under §216.3(7) of this title.
      4. (D) If a nurse's license is delinquent, suspended, surrendered, or revoked, the nurse is not eligible for a volunteer retired nurse license until the resolution of any outstanding issues in relation to the nurse's license. Likewise a nurse whose license is "inactive" must also be eligible for "retired" authorization status under Texas Occupations Code §301.261 in order to apply for "volunteer retired" nurse authorization.
   2. (2) Application. An applicant for a Volunteer Retired Nurse Authorization must complete and submit to the Board an application for Volunteer Retired Nurse Authorization as a vocational nurse, registered nurse, or registered nurse with advanced practice authorization in a given role and specialty.
   3. (3) Scope of Authorization for LVN or RN. A nurse holding a Volunteer Retired Nurse Authorization may only practice nursing at the level for which he/she formerly held an active/unencumbered license to practice nursing. To qualify as volunteer practice, such practice must be without compensation or expectation of compensation as a direct service volunteer of a charitable organization. When engaging in practice as a volunteer retired nurse, the nurse must comply with the NPA and rules in their entirety.
   4. (4) Scope of Authorization for APN. A VR-RN who has authorization in an advanced practice role and specialty at the time of application for VR-RN authorization must continue to practice in collaboration/supervision with a physician qualified in the advanced practice nurse's role and specialty, as well as all other laws applicable to the APN's practice setting, both within the NPA and rules, as well as other laws.
   5. (5) Charitable Organization. A charitable organization is defined in §84.003 of the Texas Civil Practice and Remedies Code and includes any bona fide charitable, religious, prevention of cruelty to children or animals, youth sports and youth recreational, neighborhood crime prevention or patrol, or educational organization (excluding fraternities, sororities, and secret societies), or other organization promoting the common good and general welfare for the people in a community, including these types of organizations with a §501(c)(3) or (4) exemption from federal income tax, some chambers of commerce, and volunteer centers certified by the Department of Public Safety.
   6. (6) Renewal. A Volunteer Retired Nurse Authorization expires on the same date as a nurse's regular license previously expired. Each volunteer retired licensee seeking to renew his/her authorization status shall meet the continuing education requirements as set forth in this section for the applicable renewal period.
   7. (7) Penalty. The holder of a Volunteer Retired Nurse Authorization shall not receive compensation (monetary or non-monetary benefits) for the practice of nursing. To do so would constitute the practice of vocational, professional, or advanced practice nursing (as applicable) without a license and will subject the volunteer retired nurse to the penalties imposed for this violation.
   8. (8) Titles. A nurse holding a valid volunteer retired nurse authorization may hold him/herself out as and may use appropriate titles to reflect the individual nurse's volunteer retired nurse authorization (i.e., VR-VN; VR-RN; VR-RN, FNP, etc.). Titles representing to the public that a nurse holds a Volunteer Retired Nurse Authorization are protected in the same manner as titles listed in Texas Occupations Code §301.351 and §217.10 of this title.
   9. (9) Authorization Verification. Authorization verification may be accomplished by accessing the BNE web page at http://www.bne.state.tx.us.
5. (e) A nurse who has not practiced nursing and whose license has been in an inactive status for less than four years may reactivate the license by completing the reactivation application form, paying the required reactivation fee and the current licensure fee which are non-refundable, and submitting verification of completion of 20 contact hours of continuing education in compliance with Chapter 216 of this title.

6. (f) A nurse who has not practiced professional nursing in Texas and whose license has been in an inactive status for more than four years must submit:

   1. (1) a reactivation application form;
   2. (2) verification of completion of a refresher course, extensive orientation to the practice of nursing or program of study which meets the board's requirements and was completed within the last year;
   3. (3) evidence of completion of 20 contact hours of CE in compliance with Chapter 216;
   4. (4) the required reactivation fee plus the current licensure fee, which are non-refundable.

7. (g) A nurse who has not practiced nursing in Texas or another jurisdiction within the last four years and has not participated in a refresher course within the last year must submit:

   1. (1) an application for a six month temporary permit to be used only for completion of a refresher course, extensive orientation to the practice of nursing or program of study which meets the board's requirements; and
   2. (2) the required six-month temporary permit fee which is non-refundable.
8. (h) A nurse completing refresher course requirements in another jurisdiction is exempt from requirements of subsection (g)(1) and (2) of this section.
9. (i) Upon completion of the refresher course, extensive orientation to the practice of nursing, or program of study which meets the board's requirements, the nurse shall then comply with subsection (f) of this section.

Source Note:The provisions of this §217.9 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 5, 2004, 29 TexReg 6296; amended to be effective January 2, 2006, 30 TexReg 8880.