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.

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

   1. (1) a completed and notarized application form;
   2. (2) a passing score on the jurisprudence exam;
   3. (3) the completed continuing education for the current renewal period; and
   4. (4) the retired status fee and any late fees which 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) the retired status renewal form;
   2. (2) a passing score on the jurisprudence exam;
   3. (3) the retired renewal fee and any late fee which may be due; and
   4. (4) completion of 6 hours of Type 2 continuing education each license renewal period, as described in §367.1 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 more than one year must retake and pass the national examination to return the license to active status. The licensee must submit:

   1. (1) a complete and notarized application;
   2. (2) a passing score on the jurisprudence exam;
   3. (3) a passing score on the recent retaking of the national examination; and
   4. (4) the initial application fee.
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.

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.