(a) Restoration of a license expired one year or more
to a person with a current license or occupational therapy employment:
(1) The Board may restore a license to a person whose
Texas license has been expired one year or more if the person:
(A) is currently licensed in another state or territory
of the U.S. and that license has not been suspended, revoked, cancelled,
surrendered or otherwise restricted for any reason; or
(B) if not currently licensed in another state or territory
of the U.S., is applying from the U.S. military or a non-licensing
state or territory of the U.S. and can substantiate occupational therapy
employment for at least two years immediately preceding application
for a Texas license.
(2) The person shall meet the following requirements:
(A) submit a completed restoration application form;
(B) submit in paper or electronic form a current color
photograph that meets the requirements for a U.S. passport. A photograph
in electronic form must be of a high-quality resolution comparable
to that of a passport photograph in paper form;
(C) submit documentation of the completion of training
on human trafficking as described in §367.1 of this title (relating
to Continuing Education) that meets documentation requirements as
per §367.3 of this title (relating to Continuing Education Audit);
(D) submit a verification of license if the Board cannot
verify the applicant's history of licensure in occupational therapy,
including disciplinary action. The verification must be an original
verification sent directly to the Board by the licensing board of
the state or territory. Disciplinary action must be reported to the
Board. If the applicant is not currently licensed in a state or territory
of the U.S. and is applying from the U.S. military or a non-licensing
state or territory of the U.S., a Verification of Employment form
must be submitted substantiating occupational therapy employment for
at least two years immediately preceding application for a Texas license;
(E) pass the jurisprudence examination;
(F) pay the restoration fee; and
(G) submit a complete and legible set of fingerprints
in the manner prescribed by the Board for the purpose of obtaining
criminal history record information from the Department of Public
Safety and the Federal Bureau of Investigation. The licensee is not
required to submit fingerprints under this section if the license
holder has previously submitted fingerprints under:
(i) Chapter 364 of this title (relating to Requirements
for Licensure) for the initial issuance of the license;
(ii) Chapter 370 of this title (relating to License
Renewal) as part of a prior license renewal; or
(iii) Chapter 371 of this title (relating to Inactive
and Retired Status) as part of a prior license renewal or change of
license status.
(b) Restoration of a license expired at least one year
but less than two years to a person without a current license or occupational
therapy employment:
(1) The Board may restore a license expired at least
one year but less than two years to a person who was licensed in Texas
and:
(A) is not currently licensed in another state or territory
of the U.S.; or
(B) if not currently licensed in another state or territory
of the U.S., is applying from the U.S. military or a non-licensing
state or territory of the U.S. and cannot substantiate occupational
therapy employment for at least two years immediately preceding application
for a Texas license.
(2) The person shall meet the following requirements:
(A) submit a completed restoration application form;
(B) submit in paper or electronic form a current color
photograph that meets the requirements for a U.S. passport. A photograph
in electronic form must be of a high-quality resolution comparable
to that of a passport photograph in paper form;
(C) submit copies of the completed continuing education
showing 36 hours of continuing education as per Chapter 367 of this
title (relating to Continuing Education) that includes training on
human trafficking as described in that chapter;
(D) submit a verification of license if the Board cannot
verify the applicant's history of licensure in occupational therapy,
including disciplinary action. The verification must be an original
verification sent directly to the Board by the licensing board of
the state or territory. Disciplinary action must be reported to the
Board;
(E) pass the jurisprudence examination;
(F) pay the restoration fee; and
(G) submit a complete and legible set of fingerprints
in the manner prescribed by the Board for the purpose of obtaining
criminal history record information from the Department of Public
Safety and the Federal Bureau of Investigation. The licensee is not
required to submit fingerprints under this section if the license
holder has previously submitted fingerprints under:
(i) Chapter 364 of this title (relating to Requirements
for Licensure) for the initial issuance of the license;
(ii) Chapter 370 of this title (relating to License
Renewal) as part of a prior license renewal; or
(iii) Chapter 371 of this title (relating to Inactive
and Retired Status) as part of a prior license renewal or change of
license status.
(c) Restoration of a license expired two years or more
to a person without a current license or occupational therapy employment:
(1) The Board may restore a license expired two years
or more to a person who was licensed in Texas and:
(A) is not currently licensed in another state or territory
of the U.S.; or
(B) if not currently licensed in another state or territory
of the U.S., is applying from the U.S. military or a non-licensing
state or territory of the U.S. and cannot substantiate occupational
therapy employment for at least two years immediately preceding application
for a Texas license.
(2) The person shall meet the following requirements:
(A) submit a completed restoration application form;
(B) submit in paper or electronic form a current color
photograph that meets the requirements for a U.S. passport. A photograph
in electronic form must be of a high-quality resolution comparable
to that of a passport photograph in paper form;
(C) submit documentation of the completion of training
on human trafficking as described in §367.1 of this title (relating
to Continuing Education) that meets documentation requirements as
per §367.3 of this title (relating to Continuing Education Audit);
(D) submit a verification of license if the Board cannot
verify the applicant's history of licensure in occupational therapy,
including disciplinary action. The verification must be an original
verification sent directly to the Board by the licensing board of
the state or territory. Disciplinary action must be reported to the
Board;
(E) pass the jurisprudence examination;
(F) pay the restoration fee;
(G) submit a complete and legible set of fingerprints
in the manner prescribed by the Board for the purpose of obtaining
criminal history record information from the Department of Public
Safety and the Federal Bureau of Investigation. The licensee is not
required to submit fingerprints under this section if the license
holder has previously submitted fingerprints under:
(i) Chapter 364 of this title (relating to Requirements
for Licensure) for the initial issuance of the license;
(ii) Chapter 370 of this title (relating to License
Renewal) as part of a prior license renewal; or
(iii) Chapter 371 of this title (relating to Inactive
and Retired Status) as part of a prior license renewal or change of
license status; and
(H) satisfy one of the following no more than two years
prior to the submission of the application:
(i) complete a re-entry course through an accredited
college or university and submit the certificate of completion or
transcript to the Board;
(ii) obtain an advanced or post-professional occupational
therapy degree, with an official transcript sent to the Board; or
(iii) take and pass the NBCOT examination for licensure
purposes only (after requesting Board approval to take the examination)
and have the passing score reported to the Board directly by NBCOT.
(d) The Board shall expedite the restoration of a license
to a military service member, military veteran, or military spouse.
To request expedited services, the military service member, military
veteran, or military spouse must submit a copy of the Uniformed Services
Military ID card or other appropriate official documentation evidencing
current or former military affiliation and notify the Board of his
or her military affiliation. In this section, "military service member,"
"military veteran," and "military spouse" have the meaning as defined
in Chapter 55, Occupations Code, §55.001.
(e) The licensee whose license has been restored shall
refer to Chapter 369 of this title for provisions regarding verification
of current licensure.
(f) The restoration fee as set by the Executive Council
is nonrefundable.
(g) Restoration requirements must be met within one
year of the Board's receipt of the application. Restoration requirements
are based on the length of time the license has been expired and whether
the individual has a current license or occupational therapy employment
as specified in this section at the time of the license's restoration.
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Source Note: The provisions of this §370.3 adopted to be effective November 28, 2010, 35 TexReg 10235; amended to be effective January 9, 2012, 37 TexReg 69; amended to be effective June 1, 2015, 40 TexReg 3198; amended to be effective January 1, 2016, 40 TexReg 8665; amended to be effective July 1, 2016, 41 TexReg 4049; amended to be effective January 1, 2019, 43 TexReg 7913; amended to be effective September 1, 2020, 45 TexReg 5661 |