1. (a) 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.

   1. (1) If the license has been expired for 90 days or less, the person may renew the license by:

      1. (A) submitting the renewal fee and the board approved late fee; and
      2. (B) reporting completion of the required number of contact hours of continuing education.

   2. (2) If the license has been expired for more than 90 days, but less than one year, the person may renew the license by:

      1. (A) submitting the renewal fee and the board approved late fee; and
      2. (B) reporting completion of the required number of contact hours of continuing education.
2. (b) 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).

3. (c) Restoration: Persons holding a license in another state, previously licensed in Texas:

   1. (1) The board may issue a license to a person who was licensed in Texas, moved to another state, is currently licensed in the other state, and has been engaged in the practice of occupational therapy in the other state for the two years preceding the application if the person meets the following requirements:

      1. (A) makes the application for licensure to the board on a form prescribed by the board;
      2. (B) submits to the board verification of the current license in good standing from the other state;
      3. (C) submits the board form documenting continuous employment in occupational therapy in another state for the two years preceding the application;
      4. (D) passes the jurisprudence exam; and
      5. (E) pays the board approved fee.
   2. (2) The license shall expire at the last day of the month of the licensee's birth. The duration shall be at least two years, and licensees shall obtain the continuing education as per Chapter 367 of this title (relating to Continuing Education).

4. (d) Military Service

   1. (1) 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:

      1. (A) submits the renewal within 90 days after return to reserve status;
      2. (B) submits evidence of active service and its inclusive dates.
   2. (2) A reserve status licensee who is called into active military service will have 6 additional months after release from active military service to submit proof of completion of the 30 required CE hours as per Chapter 367 of this title (relating to Continuing Education).

Source Note:The provisions of this §370.2 adopted to be effective May 31, 2007, 32 TexReg 2880.