1. (a) An individual who has been continuously registered for at least ten years as a professional sanitarian in Texas may use the titles "Retired Professional Sanitarian" and "R.S. (retired)" in accordance with the following conditions:

   1. (1) the individual must have applied to the department and been approved for the exemption in accordance with subsection (c) of this section;
   2. (2) the individual may not be employed in the field of environmental health, consumer health, or sanitation; and
   3. (3) the individual may not represent him or herself to be currently registered as a sanitarian in Texas by the Texas Department of Health.
2. (b) Once an individual is approved for the exemption under this subsection, he or she must submit a new application for registration which meets the then current requirements for registration, including passing the examination, and receive a new, current registration card, prior to using the title "Professional Sanitarian" or "RS" again.

3. (c) An individual who wishes to request an exemption under this subsection must:

   1. (1) submit a request form specified by the department;
   2. (2) submit the required fee; and
   3. (3) hold a current registration on the date the request is postmarked.
4. (d) An individual may not be approved for an exemption if an unresolved complaint under §265.155 of this title (relating to Violations, Complaints, Investigations and Disciplinary Actions is on file against him/her with the department.
5. (e) No renewal form, renewal fee or continuing education is required for individuals approved under this subsection.

6. (f) Transition. An individual who meets the following requirements is automatically approved under this subsection and may use the titles "Retired Professional Sanitarian" and "R.S. (retired)" without submission of a form or a fee to the department:

   1. (1) meets the requirements of both subsection (a)(2) and (a)(3) of this section;
   2. (2) was continuously registered for at least ten years as a professional sanitarian in Texas prior to September 1, 2000; and
   3. (3) his or her registration lapsed prior to the effective date of these rules.

Source Note:The provisions of this §265.159 adopted to be effective August 28, 2003, 28 TexReg 6870.