| (B) An inactive status period shall begin on the first
day of the month following payment of an inactive status fee.
(C) A person may not act as a licensee, represent himself
or herself as a licensee, or provide sex offender treatment during
the inactive status period, unless exempted by the Act.
(D) A person may remain subject to investigation and
action under §810.9 of this title (relating to Complaints, Disciplinary
Actions, Administrative Hearings, and Judicial Review) during the
period of inactive status.
(E) A person must notify the council in writing to
return to active status. Active status shall begin after receipt of
proof of successful completion of 24 hours continuing education within
the 2 years preceding reinstatement of active status and payment of
applicable fees.
(F) The person's next continuing education cycle will
begin upon return to active status and end on the day of license expiration.
(G) A person previously approved as a supervisor whose
license has been inactive for more than 2 years and who resumes active
license status may become a supervisor by again completing the supervision
requirements of the council.
(H) A person who is granted an inactive status by the
person's mental health or medical license under §810.2(a)(12)
of this title (relating to Definitions) shall be required to request
an inactive status under this section.
(I) The licensee must renew the inactive status every
2 years.
(6) Licensing of Military Service Members, Military
Veterans, and Military Spouses.
(A) This paragraph sets out licensing and renewal procedures
for military service members, military veterans, and military spouses
required under Occupations Code, Chapter 55 (relating to Licensing
of Military Service Members, Military Veterans, and Military Spouses).
For purposes of this section:
(i) "Military service member" means a person who is
currently serving in the armed forces of the United States, in a reserve
component of the armed forces of the United States, including the
National Guard, or in the state military service of any state.
(ii) "Military spouse" means a person who is married
to a military service member who is currently on active duty.
(iii) "Military veteran" means a person who has served
in the army, navy, air force, marine corps, or coast guard of the
United States, or in an auxiliary service of one of those branches
of the armed forces.
(B) An applicant shall provide documentation of the
applicant's status as a military service member, military veteran,
or military spouse. Acceptable documentation includes, but is not
limited to, copies of official documents such as military service
orders, marriage licenses, and military discharge records. The application
of a person who fails to provide documentation of his or her status
shall not be processed under the requirements of this section.
(C) Upon request, an applicant shall provide acceptable
proof of current licensure issued by another jurisdiction. Upon request,
the applicant shall provide proof that the licensing requirements
of that jurisdiction are substantially equivalent to the licensing
requirements of this state.
(D) The council's authority to require an applicant
to undergo a criminal history background check, and the timeframes
associated with that process, are not affected by the requirements
of this section.
(E) For an application for a license submitted by a
verified military service member or military veteran, the applicant
shall receive credit towards any licensing or apprenticeship requirements,
except an examination requirement, for verified military service,
training, or education that is relevant to the occupation, unless
he or she holds a restricted license issued by another jurisdiction
or if he or she has an unacceptable criminal history as described
by the Act and this chapter.
(F) An applicant who is a military spouse who holds
a current license issued by another jurisdiction that has substantially
equivalent licensing requirements shall complete and submit an application
form and fee. The council shall issue a license to a qualified applicant
who holds such a license as soon as practicable and the renewal of
the license shall be in accordance with subparagraph (I) of this paragraph.
(G) In accordance with Occupations Code, §55.004(c),
the executive director may waive any prerequisite to obtaining a license
after reviewing the applicant's credentials and determining that the
applicant holds a license issued by another jurisdiction that has
licensing requirements substantially equivalent to those of this state.
(H) A military spouse who within the five years preceding
the application date held the license in this state that expired while
the applicant lived in another state for at least six months is qualified
for licensure based on the previously held license, if there are no
unresolved complaints against the applicant and if there is no other
bar to licensure, such as criminal background or non-compliance with
a board order.
(I) If the council issues an initial license to an
applicant who is a military spouse in accordance with subparagraph
(F) of this paragraph, the council shall assess whether the applicant
has met all licensing requirements of this state by virtue of the
current license issued by another jurisdiction. The council shall
provide this assessment in writing to the applicant at the time the
license is issued. If the applicant has not met all licensing requirements
of this state, the applicant must provide proof of completion at the
time of the first application for license renewal. A license shall
not be renewed, shall be allowed to expire, and shall become ineffective
if the applicant does not provide proof of completion at the time
of the first application for licensure renewal.
(J) If a licensee fails to renew his or her license
because the licensee is called to or is on active duty with the armed
forces of the United States serving outside of the State of Texas,
the licensee or the licensee's designated representative may request
that the license be declared inactive or be renewed. A "designated
representative" is a person authorized in writing by the licensee
to act on behalf of the licensee. A copy of the written designation
must be provided to the council. A request for inactive status shall
be made in writing to the council prior to expiration of the license
or within one year from the expiration date. A request for renewal
may be made before or after the expiration date.
(i) A written request shall include a copy of the official
transfer orders of the licensee or other official military documentation
showing that the licensee is called to or on active duty serving outside
of the State of Texas.
(ii) The payment of the inactive status fee, late renewal
fee and licensure renewal penalty fee is waived for a licensee under
this section.
(iii) An active duty licensee shall be allowed to renew
under this section without submitting proof of continuing education
hours.
(iv) The written request shall include a current address
and telephone number for the licensee or the licensee's designated
representative.
(v) The council may periodically notify the licensee
or the licensee's designated representative that the license of the
licensee remains in inactive status.
(vi) If a licensee is a civilian impacted or displaced
for business purposes outside of the State of Texas due to a national
emergency or war, the licensee or the licensee's designated representative
may request that the license be declared inactive in the same manner
as described in this section for military personnel. The written request
shall include an explanation of how the licensee is impacted or displaced,
which explanation shall be on the official letterhead of the licensee's
business. The requirements of this section relating to renewal by
active duty licensees shall not apply to a civilian under this paragraph.
(7) Specialized Competencies. Licensed Sex Offender
Treatment Providers with specialized competencies in the assessment
and treatment of juveniles with sexual problems, female sex offenders,
and/or developmentally delayed sex offenders may have those competencies
documented by the council, provided the following criteria is met:
(A) possess at least 250 documented and verified hours
experience with each population in the assessment and treatment of
juveniles who commit sexual offenses, female sex offenders, and/or
developmentally delayed sex offenders; these hours may be part of
the original training and experience hours required for the new application
and original CE requirements up to 7 years prior;
Cont'd... |
