40 Tex. Admin. Code § 370.1
License Renewal
Effective Oct 27, 200328 TexReg 9291Source Note: The provisions of this §370.1 adopted to be effective October 11, 1994, 19 TexReg 7716; amended to be effective January 1, 1996, 20 TexReg 10908; amended to be effective May 8, 1996, 21 TexReg 3715; amended to be effective November 4, 1997, 22 TexReg 10751; amended to be effective October 25, 1998, 23 TexReg 10912; amended to be effective February 12, 2001, 26 TexReg 1348; amended to be effective July 22, 2001, 26 TexReg 5442; amended to be effective October 27, 2003, 28 TexReg 9291Texas Secretary of State
(a) Licensees are required to renew their licenses every two years by the end of their birth month. A licensee may not provide occupational therapy services without a current license or renewal certificate in hand. If a license expired after all required items are submitted but before the licensee received the renewal certificate, the licensee may not provide occupational therapy services until the renewal certificate is in hand.
(1) General Requirements. The renewal application is not complete until the board receives all required items. The components required for license renewals are:
- (A) Signed renewal application form verifying completion of 30 hours of continuing education, see Chapter 367 of this title (relating to Continuing Education));
- (B) The renewal fee and any late fees which may be due;
- (C) A passing score on the Jurisprudence exam.
- (2) Notification of license expiration. The Board will mail an application to each licensee at least 30 days prior to the license expiration date. However, the licensee is responsible for ensuring that the license is renewed. Licensees should contact the board if they do not receive a renewal application approximately 30 days prior to the expiration date.
(3) Late Renewals. A renewal application is late if all required materials are not postmarked prior to the expiration date of the license. Licensees who do not complete the renewal process prior to the expiration date are subject to late fees as described.
- (A) If the license has been expired for 90 days or less, the late fee is one-half the examination fee for the license.
- (B) If the license has been expired for more than 90 days, the late fee is equal to the examination fee for the license. Those renewing a license more than 90 days late must submit the documentation for the required continuing education with the renewal.
- (C) If the license has been expired for one year or longer, the person may not renew the license. To obtain a new license, the applicant must retake and pass the national examination and comply with the requirements and procedure for obtaining an original license set by Chapter 364 of this title (relating to Requirements for Licensure).
(D) If a reserve status licensee is called into active military service, and his or her license expires during service, the licensee may follow the requirements for renewal with no penalty if the licensee:
- (i) submits the renewal within 90 days after return to reserve status; and
- (ii) submits evidence of active service and its inclusive dates.
(b) Restoration of a Texas License
- (1) Eligibility. A person whose license has been expired for one year or more may restore the license without reexamination if the applicant holds a current license in another state, and has been in practice in the other state for the two years preceding application for restoration.
- (2) Duration. When a license is restored, the expiration date will be calculated using the nearest past birth month. The restored license will be valid for no less than one year and no more than two years.
(3) Requirements. The components required for restoration of a license are:
- (A) Notarized restoration application;
- (B) A passing score on the Jurisprudence exam;
- (C) A fee equal to the cost of the examination fee for licensure
- (D) Verification of Licensure from the current licensed state;
- (E) History of Employment form for the two years proceeding application; and
- (F) Other application information as needed by the board.
(c) Restrictions to Renewal/Restoration
- (1) The board will not renew a license if a licensee has defaulted with the Student Loan Corporation (TGSLC). Upon notice from TGSLC that a repayment agreement has been established, the license shall be renewed.
- (2) The board will not renew a license if the licensee has defaulted on a court or attorney general's notice of child support. Upon receipt that repayment has been established, the license shall be renewed.
Source Note:The provisions of this §370.1 adopted to be effective October 11, 1994, 19 TexReg 7716; amended to be effective January 1, 1996, 20 TexReg 10908; amended to be effective May 8, 1996, 21 TexReg 3715; amended to be effective November 4, 1997, 22 TexReg 10751; amended to be effective October 25, 1998, 23 TexReg 10912; amended to be effective February 12, 2001, 26 TexReg 1348; amended to be effective July 22, 2001, 26 TexReg 5442; amended to be effective October 27, 2003, 28 TexReg 9291.