1. (a) Retired status means that a licensee is providing physical therapy services only in the domain of voluntary charity care.

2. (b) As used in the section:

   1. (1) "voluntary charity care" means physical therapy services provided for no compensation as a volunteer of a charitable organization as defined in §84.003 of the Texas Civil Practice and Remedies Code. Charitable organizations include 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.
   2. (2) "compensation" means direct or indirect payment of anything of monetary value.
3. (c) To be eligible for retired status, a licensee must hold a current license on active or inactive status.

4. (d) Requirements for initiation of retired status. The components required to put a license on retired status are:

   1. (1) a completed and notarized retired status application form;
   2. (2) completion of board-approved continuing education (CE) for the current renewal period;
   3. (3) the retired status fee and any late fees which may be due; and
   4. (4) a passing score on the jurisprudence exam.

5. (e) Requirements for renewal of retired status. A licensee on retired status must renew the retired status every two years on his/her license renewal date. The components required to renew the retired status are:

   1. (1) a completed retired status application form;
   2. (2) completion of six hours of board-approved continuing education (CE) by both PTs and PTAs;
   3. (3) the retired status renewal fee, and any late fees which may be due; and
   4. (4) a passing score on the jurisprudence exam.

6. (f) Requirements for return to active practice. A licensee who has been on retired status for less than one year must submit the regular license renewal fee and the late fee as described in §341.1, Requirements for Renewal. A licensee who has been on retired status for more than one year must retake and pass the national licensure examination to return the license to active status. The components required to return the license to active status are:

   1. (1) a completed and notarized application;
   2. (2) a fee equal to the license application fee;
   3. (3) a passing score on the retake of the national examination, and
   4. (4) a passing score on the jurisprudence exam.
7. (g) A license may be maintained on retired status indefinitely.
8. (h) A licensee on retired status may use the designation "PT, retired" or "PTA, retired", as appropriate.
9. (i) Licensees on retired status are subject to the audit of continuing education as described in §341.2 of this title, concerning Continuing Education Requirements.
10. (j) Licensees providing voluntary charity care are subject to disciplinary action under the Physical Therapy Practice Act.

Source Note:The provisions of this §341.9 adopted to be effective September 18, 2006, 31 TexReg 8000.