|(a) Biennial renewal.
(1) Biennial renewal of a licensee's license shall
be accomplished on or before the first day of the licensee's birth
month (first day of the birth month) every two years by submitting:
(A) the license renewal form provided by the board;
(B) the renewal fee for an active license as provided
in §78.6 of this title (relating to Required Fees and Charges);
(C) any late fees, if applicable, as provided in subsection
(h) of this section; and
(D) verification of continuing education attendance
as required by §75.5 of this title (relating to Continuing Education).
(2) Except as provided in §75.6 of this title
(relating to Failure to Meet Continuing Education Requirements), incomplete
submission of any of the information required for renewal shall not
constitute a completed renewal and a renewal certificate shall not
(3) Prior to the due date for renewal, a licensee may
instead apply for inactive status in accordance with §75.4 of
this title (relating to Inactive Chiropractic License Status).
(4) A military service member who holds a license is
entitled to two (2) years of additional time to complete:
(A) any continuing education requirements; and
(B) any other requirement related to the renewal of
the military service member's license.
(b) Locum tenens information.
(1) A licensee who substitutes as the treating doctor
for another licensee in the facility of the absent licensee shall,
along with the information required for renewal, provide a list of
facilities in which they served as a locum tenens doctor during the
past twelve month period.
(2) A licensee serving as a locum tenens doctor shall
have proof of licensure readily available when requested. Proof of
licensure may include:
(A) a copy of the current license renewal certificate;
(B) a copy of the wallet size license.
(3) The locum tenens list shall include the following
for each facility:
(A) licensee's name; and
(B) facility physical address;
(c) Licensees in default of TGSLC student loan or repayment
(1) The board shall not renew a license of a licensee
who is in default of a loan guaranteed by the Texas Guaranteed Student
Loan Corporation (TGSLC) or a repayment agreement with the corporation
except as provided in paragraphs (2) and (3) of this subsection.
(2) For a licensee in default of a loan, the board
shall renew the license if:
(A) the renewal is the first renewal following notice
to the board that the licensee is in default; or
(B) the licensee presents to the board a certificate
issued by the corporation certifying that:
(i) the licensee has entered into a repayment agreement
on the defaulted loan; or
(ii) the licensee is not in default on a loan guaranteed
by the corporation.
(3) For a licensee who is in default of a repayment
agreement, the board shall renew the license if the licensee presents
to the board a certificate issued by the corporation certifying that:
(A) the licensee has entered into another repayment
agreement on the defaulted loan; or
(B) the licensee is not in default on a loan guaranteed
by the corporation or on a repayment agreement.
(4) This subsection does not prohibit the board from
issuing an initial license to a person who is in default of a loan
or repayment agreement but is otherwise qualified for licensure. However,
the board shall not renew the license of such a licensee, if at the
time of renewal, the licensee is in default of a loan or repayment
agreement except as provided in paragraph (2)(B) or (3) of this subsection.
(d) Licensees in default of other student loans or
(1) This subsection applies to a licensee in default
of a student loan other than a loan guaranteed by the TGSLC, in breach
of a loan repayment agreement other than one related to a TGSLC loan,
or in breach of any scholarship contract.
(2) The board may refuse to renew a chiropractic license
if it receives information from an administering entity that the licensee
has defaulted on a student loan or has breached a student loan repayment
contract, or a scholarship contract by failing to perform his or her
service obligation under the contract. The board may rescind a denial
of renewal under this subsection upon receipt of information from
an administering entity that the licensee whose renewal was denied
is now in good standing, as provided in §72.3(b) of this title
(relating to Qualifications of Applicants).
(e) Upon notice that a licensee is again in default
or breach of any loan or agreement relating to a student loan or scholarship
agreement under subsection (c) or (d) of this section, the board may
suspend the license or take other disciplinary action as provided
in §77.6 of this title (relating to Default on Student Loans
and Scholarship Agreements).
(f) Opportunity for hearing.
(1) The board shall notify a licensee, in writing,
of the nonrenewal of a license under subsection (c) or (d) of this
section and of the opportunity for a hearing under paragraph (2) of
this subsection prior to or at the time the renewal application is
(2) Upon written request for a hearing by a licensee,
the board shall set the matter for hearing before the State Office
of Administrative Hearings in accordance with §78.8(d) of this
title (relating to Complaint Procedures). A licensee shall file a
request for a hearing with the board within 30 days from the date
of receipt of the notice provided in paragraph (1) of this subsection.
(g) A license which is not renewed under subsection
(c) or (d) of this section is considered expired. Subsections (h)
and (i) of this section apply to a license not renewed under subsection
(c) or (d) of this section.
(h) Expired license.
(1) If an active or inactive license is not renewed
on or before the first day of the licensee's birth month of each year
of the renewal deadline, it expires.
(2) If a person's license has expired for 90 days or
less, the person may renew the license by paying to the board the
required renewal fee and a late fee, as provided in §78.6 of
this title (relating to Required Fees and Charges).
(3) If a person's license has expired for longer than
90 days, but less than one year, the person may renew the license
by paying to the board the required renewal fee and a late fee, as
provided in §78.6 of this title.
(4) Except as provided by paragraphs (5) and (6) of
this subsection, if a person's license has expired for one year or
longer, the person may not renew the license but may obtain a new
license by submitting to reexamination and complying with the current
requirements and procedures for obtaining an initial license.
(5) At the board's discretion, a person whose license
has expired for one year or longer may renew without complying with
paragraph (4) of this subsection if the person moved to another state
or foreign country and is currently licensed in good standing and
has been in practice in the other state or foreign country for two
years preceding application for renewal. The person must also pay
the board a fee equal to the examination fee, as provided in §78.6
of this title. A person is considered "currently licensed" if such
person is licensed by another licensing board recognized by the Board.
The Board shall recognize another licensing board that:
(A) has licensing requirements substantially equivalent
to the requirements of the Chiropractic Act; and
(B) maintains professional standards considered by
the Board to be equivalent to the standards under the Chiropractic
(6) At the board's discretion, a person whose license
has expired for one year but not more than three years may renew without
complying with paragraph (4) of this subsection, if the board determines
that the person has shown good cause for the failure to renew the
license and pays to the board:
(A) the required renewal fee for each renewal period
in which the licensee was expired; and
(B) an additional fee in an amount equal to the sum
(i) the jurisprudence examination fee, multiplied by
the number of years the license was expired, prorated for fractional
(ii) two times the jurisprudence examination fee.
(7) Good cause for the purposes of paragraph (6) of
this subsection means extenuating circumstances beyond the control
of the applicant which prevented the person from complying timely
with subsection (a) of this section, such as extended personal illness
or injury, extended illness of the immediate family, or military duty
outside the United States where communication for an extended period
is impossible. Good cause is not shown if the applicant was practicing
chiropractic during the period of time that the applicant's license
was expired. With the renewal application, an applicant must submit
a notarized sworn affidavit and supporting documents that demonstrate
good cause, in the opinion of the board.
(8) The Board shall exempt a person who holds a license
issued by the Board from any increased fee or penalty imposed by the
Board for failing to renew the license in a timely manner if the person
establishes to the satisfaction of the Board that the failure to renew
the license in a timely manner is because the person was serving as
a military service member. For purposes of this section, "military
service member" means a person who is on active duty.
(i) Practicing with an expired license. Practicing
chiropractic with an expired license constitutes practicing chiropractic
without a license. A licensee whose license expires shall not practice
chiropractic until the license is renewed or a new license is obtained
as provided by subsection (h) of this section, except for a license
which is not renewed under subsection (c) or (d) of this section if
the licensee has timely requested a hearing under subsection (f) of
(j) Renewal of licenses. A licensee shall furnish a
written explanation of his or her answer to any question asked on
the application for license renewal, if requested by the board. This
explanation shall include all details as the board may request and
shall be furnished within two weeks of the date of the board's request.
|Source Note: The provisions of this §72.14 adopted to be effective January 29, 2015, 40 TexReg 379; amended to be effective November 24, 2015, 40 TexReg 8211; amended to be effective March 1, 2018, 43 TexReg 232; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963