1. (a) Annual renewal. Each year, on or before the first day of a licensee's birth month, a licensee shall renew his or her license. A licensee may also apply for inactive status in accordance with §73.4 of this title (relating to Inactive Status). In order to renew a license, a licensee must submit to the board the license renewal form provided by the board, the renewal fee for an active license as provided in §75.7 of this title (relating to Fees and Charges for Public Information), any late fees, if applicable as provided in subsection (d) of this section, and verification of continuing education attendance as required by §73.3 of this title (relating to Continuing Education). An annual renewal certificate shall not be issued until all information and fees required by this section and §75.7 are provided to the board.
2. (b) Locum Tenens Information. A licensee who substitutes for another licensee (locum tenens) and temporarily practices at the facility of the absent licensee shall provide the board with a list of each facility that he or she has served as a locum tenens during the previous 12 months. The list shall include the name, address, and facility registration of each facility. A locum tenens licensee shall have proof of licensure, such as a copy of the license or the board-issued wallet size license, with them while practicing and shall show it upon request.

3. (c) Licensees in default of student loan or repayment agreement.

   1. (1) The board shall not renew a license of a licensee who is in default of a loan guaranteed by the Texas Guaranteed Student Loan Corporation or a repayment agreement with the corporation except as provided in paragraphs (2) and (3) of this subsection.

   2. (2) For a licensee in default of a loan, the board shall renew the license if:

      1. (A) the renewal is the first renewal following notice to the board that the licensee is in default; or

      2. (B) the licensee presents to the board a certificate issued by the corporation certifying that:

         1. (i) the licensee has entered into a repayment agreement on the defaulted loan; or
         2. (ii) the licensee is not in default on a loan guaranteed by the corporation.

   3. (3) For a licensee who is in default of a repayment agreement, the board shall renew the license if the licensee presents to the board a certificate issued by the corporation certifying that:

      1. (A) The licensee has entered into another repayment agreement on the defaulted loan; or
      2. (B) the licensee is not in default on a loan guaranteed by the corporation or on a repayment agreement.
   4. (4) This subsection does not prohibit the board from issuing an initial license to a person who is in default of a loan or repayment agreement but is otherwise qualified for licensure. However, the board shall not renew the license of such a licensee, if at the time of renewal, the licensee is in default of a loan or repayment agreement except as provided in paragraphs (2)(B) or (3) of this subsection.
   5. (5) The board shall notify a licensee of the nonrenewal of a license under this subsection and of the opportunity for a hearing under paragraph (7) of this subsection prior to or at the time the annual renewal application is sent.
   6. (6) A license which is not renewed under this subsection is considered expired. The licensee cannot practice chiropractic until such time that he or she complies with this subsection. Subsection (d) of this section applies to licenses expired under this subsection.
   7. (7) Upon written request for a hearing by a licensee, the board shall set the matter for hearing before the State Office of Administrative Hearings in accordance with §75.9(d) of this title (relating to Complaint Procedures). A licensee shall file a request for a hearing with the board within 30 days from the date of receipt of the notice required by paragraph (5) of this subsection.

4. (d) Expired License.

   1. (1) If an active or inactive license is not renewed on or before the first day of the licensee's birth month of each year, it expires.
   2. (2) If a person's license has expired for 90 days or less, the person may renew the license by paying to the board the required renewal fee, as provided in §75.7 of this title (relating to Fees), and a late fee of $62.
   3. (3) If a person's license has expired for longer than 90 days, but less than one year, the person may renew the license by paying to the board the required renewal fee, as provided in §75.7 of this title and a late fee of $125.
   4. (4) Except as provided by paragraphs (5) and (6) of this subsection, if a person's license has expired for one year or longer, the person may not renew the license but may obtain a new license by submitting to reexamination and complying with the current requirements and procedures for obtaining an initial license.
   5. (5) At the board's discretion, a person whose license has expired for one year or longer may renew without complying with paragraph (4) of this subsection if the person moved to another state and is currently licensed and has been in practice in the other state for two years preceding application for renewal. The person must also pay the board the required renewal fee, as provided in §75.7 of this title and a late fee of $125.

   6. (6) At the board's discretion, a person whose license has expired for one year but not more than three years may renew without complying with paragraph (4) of this subsection if the board determines that the person has shown good cause for the failure to renew the license and pays to the board:

      1. (A) the required renewal fee for each year in which the licensee was expired; and

      2. (B) an additional fee in an amount equal to the sum of:

         1. (i) the jurisprudence examination fee, multiplied by the number of years the license was expired, prorated for fractional years; and
         2. (ii) two times the jurisprudence examination fee.
   7. (7) Good cause for the purposes of paragraph (6) of this subsection means extenuating circumstances beyond the control of the applicant which prevented the person from complying timely with subsection (a) of this section, such as extended personal illness or injury, extended illness of the immediate family, or military duty outside the United States where communication for an extended period is impossible. Good cause is not shown if the applicant was practicing chiropractic during the period of time that the applicant's license was expired. With the renewal application, an applicant must submit a notarized sworn affidavit and supporting documents that demonstrate good cause, in the opinion of the board.
   8. (8) The annual renewal application will be deemed to be the written notice of the impending license expiration forwarded to the person at the person's last known address according to the records of the board.
5. (e) Practicing with an expired license. Practicing chiropractic with an expired license constitutes practicing chiropractic without a license. A licensee whose license expires shall not practice chiropractic until the license is renewed or a new license is obtained as provided by subsection (d) of this section.

Source Note:The provisions of this §73.2 adopted to be effective April 8, 1996, 21 TexReg 2537; amended to be effective August 29, 1996, 21 TexReg 7807; amended to be effective April 5, 1998, 23 TexReg 3261; amended to be effective August 2, 1998, 23 TexReg 7557; amended to be effective October 10, 1999, 24 TexReg 8550; amended to be effective February 7, 2001, 26 TexReg 1138; amended to be effective June 3, 2001, 26 TexReg 3745; amended to be effective October 21, 2001, 26 TexReg 8068; amended to be effective February 3, 2002, 27 TexReg 608.