(a) An applicant for licensure:
(1) whose documentation indicates any name other than
the name under which the applicant has applied must furnish proof
of the name change;
(2) whose applications have been filed with the board
in excess of one year will be considered expired. Any fee previously
submitted with that application shall be forfeited unless otherwise
provided by §175.5 of this title (relating to Payment of Fees
or Penalties). Any further request for licensure will require submission
of a new application and inclusion of the current licensure fee. An
extension to an application may be granted under certain circumstances,
including:
(A) Delay by board staff in processing an application;
(B) Application requires Licensure Committee review
after completion of all other processing and will expire prior to
the next scheduled meeting;
(C) Licensure Committee requires an applicant to meet
specific additional requirements for licensure and the application
will expire prior to deadline established by the Committee;
(D) Applicant requires a reasonable, limited additional
period of time to obtain documentation after completing all other
requirements and demonstrating diligence in attempting to provide
the required documentation;
(E) Applicant is delayed due to unanticipated military
assignments, medical reasons, or catastrophic events;
(3) who in any way falsifies the application may be
required to appear before the board. It will be at the discretion
of the board whether or not the applicant will be issued a license;
(4) on whom adverse information is received by the
board may be required to appear before the board. It will be at the
discretion of the board whether or not the applicant will be issued
a license;
(5) shall be required to comply with the board's rules
and regulations which are in effect at the time the completed application
form and fee are received by the board;
(6) must have the application for licensure complete
in every detail at least 20 days prior to the board meeting at which
the applicant is considered for licensure. An applicant may qualify
for a temporary license prior to being considered by the board for
licensure, as required by §184.7 of this title (relating to Temporary
Licensure); and
(7) must complete an oath swearing that the applicant
has submitted an accurate and complete application.
(b) Review and Recommendations by the Executive Director.
(1) The executive director or designee shall review
each application for licensure and shall recommend to the board all
applicants eligible for licensure.
(2) If the executive director or designee determines
that the applicant clearly meets all licensing requirements, the executive
director or designee may issue a license to the applicant, to be effective
on the date issued without formal board approval, as authorized by §206.209
of the Act.
(3) If the executive director determines that the applicant
does not clearly meet all licensing requirements as prescribed by
the Act and this chapter, a license may be issued only upon action
by the board following a recommendation by the board's licensure committee,
in accordance with §206.209 of the Act and §187.13 of this
title (relating to Informal Board Proceedings Relating to Licensure
Eligibility). Not later than the 20th day after the date the applicant
receives notice of the executive director's determination the applicant
may:
(A) request a review of the executive director's recommendation
by a committee of the board conducted in accordance with §187.13
of this title; or
(B) withdraw his or her application.
(4) If an applicant fails to take timely action as
provided under paragraph (3) of this subsection, such inaction shall
be deemed a withdrawal of his or her application.
(5) To promote the expeditious resolution of any licensure
matter, the executive director, with the approval of the board, may
recommend that an applicant be eligible for a license, but only under
certain terms and conditions and present a proposed agreed order or
remedial plan to the applicant. Not later than the 20th day after
the date the applicant receives notice of the executive director's
determination the applicant may:
(A) sign the order/remedial plan and the order/remedial
plan shall be presented to the board for consideration and acceptance
without the necessity of initiating a Disciplinary Licensure Investigation
(as defined in §187.13 of this title) or appearing before a committee
of the board concerning issues relating to licensure eligibility;
(B) request a review of the executive director's recommendation
by a committee of the board conducted in accordance with §187.13
of this title; or
(C) withdraw his or her application.
(6) If an applicant fails to take timely action as
provided under paragraph (5) of this subsection, such inaction shall
be deemed a withdrawal of his or her application.
(c) Committee Referrals. An applicant who has either
requested to appear before the licensure committee of the board or
has elected to be referred to the licensure committee of the board
due to a determination of ineligibility by the Executive Director
in accordance with section, in lieu of withdrawing the application
for licensure, may be subject to a Disciplinary Licensure Investigation
as defined in §187.13 of this title. Review of the executive
director's determination by a committee of the board shall be conducted
in accordance with §187.13 of this title.
(d) All reports received or gathered by the board on
each applicant are confidential and are not subject to disclosure
under the Public Information Act, Tex. Gov't Code, Ch. 552. The board
may disclose such reports to appropriate licensing authorities in
other states.
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Source Note: The provisions of this §184.5 adopted to be effective April 28, 2002, 27 TexReg 3355; amended to be effective August 10, 2008, 33 TexReg 6135; amended to be effective December 4, 2011, 36 TexReg 8033; amended to be effective July 7, 2016, 41 TexReg 4827 |