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RULE §188.9License Renewal

(a) Perfusionists licensed by the board shall register biennially and pay a fee. A perfusionist may, on notification from the board, renew an unexpired licensed by submitting a required form and paying the required renewal fee to the board on or before the expiration date of the license. The fee shall accompany a written application that sets forth the licensee's name, mailing address, the address of each of the licensee's offices, and other necessary information prescribed by the board.

(b) An applicant renewing a license shall submit a complete and legible set of fingerprints for purposes of performing a criminal history check of the applicant if required, as provided by §603.3031 of the Act.

(c) The board may prorate the length of the initial perfusionist registration and registration fees, so that registrations expire on a single date, regardless of the board meeting at which the perfusionist is licensed.

(d) The board shall provide written notice to each practitioner at the practitioner's address of record at least 30 days prior to the expiration date of the license.

(e) Within 30 days of a perfusionist's change of mailing or office address from the address on file with the board, a perfusionist shall notify the board in writing of such change.

(f) A licensee shall furnish a written explanation of his or her affirmative 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 14 days of the date of the board's request.

(g) The board may deny renewal of a license, pursuant to §603.401 of the Act, under the following circumstances:

  (1) A licensee's falsification of a renewal application or submission of false information to obtain renewal of a license;

  (2) A licensee's violation of the Act or rules;

  (3) A licensee's default on a student loan as provided by the Education Code, §57.491 relating to student loan default; or

  (4) A licensee's default on a child support obligation as provided by the Texas Family Code, Title 5, Subtitle D, Chapter 232.

(h) The board shall deny renewal of the license of a person for whom a contested case is pending until resolution of the case, but such individual remains licensed pending resolution of the contested case, if timely application for renewal is made.

(i) The board may refuse to renew the license of a person who fails to pay an administrative penalty imposed under the Act, unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed.

(j) Expired Annual Registration License.

  (1) If a perfusionist's license has been expired for 90 days or less, the perfusionist may obtain a new license by submitting to the board a completed license application and fee, and the penalty fee, as defined in §175.3 of this title (relating to Penalties).

  (2) If a perfusionist's license has been expired for longer than 90 days, but less than one year, the perfusionist may obtain a new license by submitting a completed application and fee, and a penalty fee as defined in §175.3 of this title.

  (3) If a perfusionist's license has been expired for one year or longer, the perfusionist's license is automatically canceled, unless an investigation is pending, and the perfusionist may not obtain a new license.

  (4) A perfusionist may not hold himself out as a licensed perfusionist if he holds an expired license. Practicing perfusion after a perfusionist's license has expired under this subsection without obtaining a new registration license for the current registration period has the same effect as, and is subject to all penalties of, practicing perfusion without a license.

(k) A military service member who holds a perfusionist license in Texas is entitled to two years of additional time to complete any other requirement related to the renewal of the military service member's license.

(l) Renewal of Expired License by Out-Of-State Practitioner.

  (1) The board may renew, without reexamination, an expired license of a person who was licensed as a perfusionist in this state, moved to another state, and is licensed or certified and has been in practice in the other state for the two years preceding the date the person applies for renewal of the expired license in this state.

  (2) The person must pay to the board a fee that is equal to the amount of the renewal fee for the license.

Source Note: The provisions of this §188.9 adopted to be effective July 7, 2016, 41 TexReg 4828; amended to be effective January 16, 2018, 43 TexReg 234

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