1. (a) Placing a license on inactive status. A person who is licensed by the board to practice optometry but who is not engaged in the practice of optometry in this state may place the license on inactive status at the time of license renewal or during a license year as follows.

   1. (1) To place a license on inactive status at the time of renewal, the licensee shall:

      1. (A) complete and submit before the expiration date of January 1 of each year a license renewal application provided by the board;
      2. (B) state on the renewal application that the license is to be placed on inactive status and that the licensee shall not practice optometry in Texas while the license is inactive;
      3. (C) pay the fee for renewal of license as specified in §273.4 of this title (relating to Optometry Fees). The fee for renewal of license shall not be subject to the Texas Optometry Act, §3.03B. Penalty fees as provided by the Act, §4.01, will apply to those received after December 31 of the applicable renewal period.

   2. (2) To place a license on inactive status at a time other than the time of license renewal, the licensee shall:

      1. (A) return the current renewal certificate to the board office;
      2. (B) submit a signed statement stating that the licensee shall not practice optometry in Texas while the license is inactive, and the date the license is to be placed on inactive status;
      3. (C) pay the fee for issuance of an amended renewal certificate as specified in §273.4 of this title (relating to Optometry Fees).

2. (b) Reactivation of an Inactive License.

   1. (1) A holder of a license that is on inactive status may return the license to active status by:

      1. (A) applying for active status on a form prescribed by the board;
      2. (B) providing proof of completion certificates from approved continuing education programs as specified in Chapter 275 of this title (relating to Continuing Education Requirements) for the number of hours that would otherwise have been required for the renewal of the license. Approved continuing education earned within the calendar year prior to the licensee applying for the return to active status may be applied toward the continuing education requirement;
      3. (C) paying the fee for issuance of an amended renewal certificate as specified in §273.4 of this title (relating to Optometry Fees);
      4. (D) paying the fee imposed by §3.03B if the licensee begins practice within the state.
   2. (2) If the application for reactivation of the license is made at the time of license renewal, the applicant shall pay the license renewal fee specified in §273.4 of this title (relating to Optometry Fees). If the application for reactivation of the license is made at a time other than the time of license renewal, the applicant shall pay the license renewal fee as well as a fee for issuance of an amended certificate to practice optometry as specified in §273.4 of this title.
3. (c) Prohibition against practicing optometry in Texas. A holder of a license that is on inactive status shall not practice optometry in this state. The practice of optometry by a holder of a license that is on inactive status constitutes the practice of optometry without a license.

Source Note:The provisions of this §273.7 adopted to be effective September 10, 1993, 18 TexReg 5745; amended to be effective August 2, 1998, 23 TexReg 7563.