| (a) A nurse may change his/her licensure status from
"active" to "inactive" status by:
(1) submitting a written request to the Board prior
to the expiration of his/her license; or
(2) designating "inactive" on the renewal form, if
at the time of renewal.
(b) A nurse may change his/her licensure status from
"active" or "inactive" to "retired" or "volunteer retired" status.
A nurse who elects to change his/her licensure status from "active"
or "inactive" to "retired" or "volunteer retired" status may do so
only if he/she is in good standing with the Board. For purposes of
this section, good standing means that the nurse's license is not
in delinquent status and that there is no current disciplinary action,
disciplinary probation, or pending investigation/s on his/her nursing
license/s or authorization/s. A nurse will not be eligible for "retired"
or "volunteer retired" status until all outstanding disciplinary issues
have been resolved. Further, a nurse who wishes to change his/her
licensure status from "inactive" to "retired" or "volunteer retired"
status may do so only if his/her license was in good standing with
the Board on the date his/her license became inactive.
(c) Retired Status. A nurse who wishes to change his/her
licensure status to "retired" status and is eligible to do so under
subsection (b) of this section must submit the following information
to the Board:
(1) a written request to use one of the following titles:
(A) "Licensed Vocational Nurse, Retired"; "LVN, Retired";
"Vocational Nurse, Retired"; or "VN, Retired";
(B) "Registered Nurse, Retired" or "RN, Retired"; or
(C) "RN, Nurse Anesthetist, Retired"; "RN, Nurse-Midwife,
Retired"; "RN, Nurse Practitioner, Retired"; or "RN, Clinical Nurse
Specialist, Retired"; and
(2) the required, non-refundable fee.
(d) A nurse whose license is in "retired" status may
not practice as a nurse.
(e) Volunteer Retired Authorization. In compliance
with the Occupations Code §112.051, the Board shall adopt rules
providing for reduced fees and continuing education requirements for
retired health care practitioners whose only practice is voluntary
charity care. The Board shall also define voluntary charity care.
(1) A nurse who wishes to change his/her licensure
status to "volunteer retired" status and is eligible to do so under
subsection (b) of this section must request authorization from the
Board. The nurse must meet the following criteria:
(A) Must claim Texas as the nurse's Primary State of
Residence in accordance with the Occupations Code Chapter 304, Nurse
Licensure Compact, and Chapter 220 of this title; and
(B) If applying as a vocational or registered nurse,
must have completed at least 10 contact hours of continuing education
as required by Chapter 216 of this title during the previous biennium.
If applying as a registered nurse with advanced practice recognition,
must meet the continuing education requirements of §216.3(c).
(2) Application. An applicant for "volunteer retired"
authorization must complete and submit to the Board an application
requesting "volunteer retired" authorization as a vocational nurse,
registered nurse, or registered nurse with advanced practice authorization
in a given role and population focus area.
(3) Scope of Authorization for LVN or RN. A nurse holding
"volunteer retired" authorization may only practice nursing at the
level for which he/she formerly held an active/unencumbered license
to practice nursing. To qualify as volunteer practice, such practice
must be without compensation or expectation of compensation as a direct
service volunteer of a charitable organization. When engaging in practice
as a volunteer retired nurse, the nurse must comply with the Nursing
Practice Act (NPA) and Board rules in their entirety.
(4) Scope of Authorization for APRN. A nurse who has
authorization in an advanced practice role and population focus area
at the time of application for "volunteer retired" authorization must
continue to practice in collaboration/supervision with a physician
qualified in the APRN's role and population focus area, as well as
in compliance with all other laws applicable to the APRN's practice
setting, both within the NPA and Board rules, as well as other applicable
laws.
(5) Charitable Organization. A charitable organization
is defined in §84.003 of the Texas Civil Practice and Remedies
Code and 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 promoting the common good and general welfare for the
people in a community, including these types of organizations with
a §501(c)(3) or (4) exemption from federal income tax, some chambers
of commerce, and volunteer centers certified by the Department of
Public Safety.
(6) Renewal. A nurse's "volunteer retired" authorization
expires on the same date as the nurse's regular license previously
expired. Each volunteer retired nurse seeking to renew his/her "volunteer
retired" authorization must meet all of the requirements of this section,
including the continuing education requirements set forth in this
section for the applicable renewal period.
(7) Penalty. A nurse whose license is in "volunteer
retired" status shall not receive compensation (monetary or non-monetary
benefits) for the practice of nursing. To do so would constitute the
practice of vocational, professional, or advanced practice nursing
(as applicable) without a license and will subject the volunteer retired
nurse to the penalties imposed for this violation.
(8) Titles. A nurse holding "volunteer retired" authorization
may hold him/herself out as and may use one of the titles specified
in subsection (c) of this section to reflect the individual nurse's
"volunteer retired" authorization. Titles representing to the public
that a nurse holds "volunteer retired" authorization are protected
in the same manner as titles listed in the Occupations Code §301.351
and §217.10 of this chapter.
(9) Authorization Verification. Authorization verification
may be accomplished by accessing the Board's web page at http://www.bon.texas.gov/.
(f) A nurse who has not practiced nursing in Texas
and whose license has been in an inactive status for less than four
years may reactivate the license by completing the reactivation application
form, paying the required reactivation fee and the current licensure
fee which are non-refundable, and submitting verification of completion
of 20 contact hours of continuing education that meets the requirements
of Chapter 216 of this title (relating to Continuing Competency) within
the two years immediately preceding the application for reactivation.
(g) A nurse who has not practiced nursing and whose
license has been in an inactive status for four or more years must
submit to the Board:
(1) a completed reactivation application;
(2) verification of successful completion of a refresher
course, extensive orientation to the practice of nursing, or a nursing
program of study that meets the requirements prescribed by the Board.
The nurse must submit an application to the Board for a temporary
permit for the limited purpose of completing a refresher course, extensive
orientation to the practice of nursing, or a nursing program of study;
(3) evidence of completion of 20 contact hours of acceptable
continuing education for the two years immediately preceding the application
for reactivation that meets the requirements of Chapter 216 of this
title;
(4) a certificate of successful completion from the
Texas Nursing Jurisprudence Exam; and
(5) the required reactivation fee, plus the current
licensure fee, which are non-refundable.
(h) The Board adopts by reference the following forms,
which comprise the instructions and requirements for a refresher course,
extensive orientation to the practice of nursing, and a nursing program
of study required by this section, and which are available at http://www.bon.state.tx.us/olv/forms.html:
(1) Application for Six Month Temporary Permit (RN);
and
(2) Application for Six Month Temporary Permit (LVN).
(i) A nurse whose license has been in an inactive status
for four years or more and who is licensed and has practiced in another
state during the previous four years preceding the application for
reactivation in Texas must comply with the requirements of subsection
(g)(1) and (3) - (5) of this section.
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| Source Note: The provisions of this §217.9 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 5, 2004, 29 TexReg 6296; amended to be effective January 2, 2006, 30 TexReg 8880; amended to be effective October 11, 2010, 35 TexReg 9093; amended to be effective January 17, 2012, 37 TexReg 122; amended to be effective February 11, 2018, 43 TexReg 774; amended to be effective May 24, 2020, 45 Texeg 3297 |
