1. (a) The Retired Status is available for an occupational therapy practitioner whose only practice is the provision of voluntary charity care without monetary compensation.

   1. (1) "voluntary charity care" means occupational therapy services provided as a volunteer with no compensation, for a charitable organization as defined in §84.003 of the Texas Civil Practice and Remedies Code. This includes 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 organized and operated exclusively for the promotion of social welfare by being primarily engaged in promoting the common good and general welfare of the people in the community, including these type of organizations with a Section 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. (3) The designation used by the retired status licensee is Occupational Therapist Registered, Retired (OTR, Ret) or Occupational Therapist, Retired (OT, Ret), or Certified Occupational Therapy Assistant, Retired (COTA, Ret) or Occupational Therapy Assistant, Retired (OTA, Ret).
2. (b) To be eligible for retired status, a licensee must hold a current license on active or inactive status or an active or inactive license that has been expired less than one year.

3. (c) Requirements for initial retired status are:

   1. (1) a completed retired status application form as prescribed by the Board;
   2. (2) a passing score on the online jurisprudence exam;
   3. (3) the completed continuing education for the current renewal period; and
   4. (4) the retired status application fee and any late fees that may be due.

4. (d) Requirements for renewal of retired status. A licensee on retired status must renew every two years before the expiration date. The retired occupational therapy practitioner shall submit:

   1. (1) a completed retired status renewal form as prescribed by the Board;
   2. (2) a passing score on the online jurisprudence exam;
   3. (3) the retired status renewal fee and any late fees that may be due; and
   4. (4) completion of 6 hours of continuing education each license renewal period, as described in Chapter 367 of this title (relating to Continuing Education).
5. (e) Requirements for return to active status. A licensee who has been on retired status less than one year must submit the regular license renewal fee and the late fee as described in §370.1 of this title (relating to License Renewal). A licensee who has been on retired status for one year or more must follow the procedures for §370.3 of this title (relating to Restoration of Texas License).
6. (f) The occupational therapy practitioner may continue to renew the retired status license indefinitely.
7. (g) Licensees on retired status are subject to the audit of continuing education as described in §367.3 of this title (relating to Continuing Education Audit).
8. (h) A retired occupational therapy practitioner is subject to disciplinary action under the OT Practice Act.
9. (i) Licensees on retired status may provide occupational therapy services according to the terms of the license upon online verification of current licensure and license expiration date from the Board's license verification web page. The Board will maintain a secure resource for verification of license status and expiration date on its website.
10. (j) The retired status fees and any late fees as set by the Executive Council are nonrefundable.

Source Note:The provisions of this §371.2 adopted to be effective August 29, 2006, 31 TexReg 6801; amended to be effective September 7, 2009, 34 TexReg 6124; amended to be effective June 10, 2012, 37 TexReg 4069; amended to be effective July 1, 2016, 41 TexReg 4049.