| (a) Application. Unless the text clearly says otherwise,
use of the term licensee shall have the meaning assigned in §114.10.
(1) After the initial license period, a licensee must
renew the license every two years. This requirement does not apply
to renewal of a temporary license or a student registration.
(2) Each licensee is responsible for renewing the license
before the expiration date and shall not be excused from paying additional
fees or penalties. Failure to receive notification of expiration from
the department before the expiration date of the license shall not
excuse failure to apply for renewal or late renewal.
(3) The department shall not renew the license of a
licensee who is in violation of the Act or department rules at the
time of application for renewal.
(b) A student registration may be renewed once for
an additional two years. A student registration may not be renewed
more than once in each area: prosthetics, orthotics, or both.
(c) License renewal requirements. To renew a license,
a licensee must:
(1) submit a completed renewal application on a department-approved
form;
(2) successfully pass a criminal history background
check;
(3) complete applicable continuing education requirements
under §114.50;
(4) comply with the continuing education audit process
described under §114.50, as applicable;
(5) submit the renewal fee required under §114.80;
and
(6) for each license renewal on or after September
1, 2020, the licensee must complete the human trafficking prevention
training required under Occupations Code, Chapter 116, and provide
proof of completion as prescribed by the department.
(d) Renewal for a retired practitioner performing voluntary
charity care.
(1) A retired practitioner performing voluntary charity
care is a person who is:
(A) at least 55 years old;
(B) is not employed for compensation in the practice
of orthotics or prosthetics; and
(C) has notified the department in writing of the intention
to retire and provide only voluntary orthotic or prosthetic charity
care.
(2) A retired practitioner who is only providing voluntary
charity care may renew the license by submitting a renewal form; the
required fee; and documentation of required continuing education hours.
(3) A retired practitioner may change his or her retired
status by providing notice in the manner prescribed by the department.
To change status the retiree must submit a renewal application on
the department-approved form, the appropriate renewal fee for a prosthetist
or orthotist license, and documentation of the required continuing
education hours.
(e) Renewal of facility accreditation.
(1) An accreditation is valid for two years.
(2) The department shall not renew the accreditation
of a facility that is violating or has violated the Act or this chapter
until the facility has corrected the violation(s) to the satisfaction
of the department.
(3) Each facility is responsible for renewing the accreditation
before the expiration date and shall not be excused from paying additional
fees or penalties. Failure to receive notification of expiration from
the department before the expiration date of the accreditation shall
not excuse failure to apply for renewal or late renewal.
(4) The department shall renew an accreditation for
a facility that has met the requirements for renewal. The certificate
shall be displayed in a prominent location in the facility where it
is available for inspection by the public.
(5) After an accreditation is expired and until the
facility has renewed the accreditation, the facility may not provide
orthotic or prosthetic patient care.
(f) Expiration of license or accreditation.
(1) A person may not practice with an expired license.
(2) A person whose license has expired may not use
the title or represent or imply that he or she has the title of "licensed
orthotist," "licensed prosthetist," "licensed prosthetist/orthotist,"
"licensed orthotist assistant," "licensed prosthetist assistant,"
"licensed prosthetist/orthotist assistant," or use the letters "LO,"
"LP," "LPO," "LOA," "LPA," or "LPOA," and may not use facsimiles of
those titles.
(3) A facility that fails to renew its accreditation
shall not represent or imply that the facility is accredited by the
department.
(4) A person whose license has expired may late renew
the license in accordance with §60.31 of this title (relating
to License Renewal Applications) and §60.83 of this title (relating
to Late Renewal Fees). Facilities whose accreditation has expired
may late renew the accreditation in accordance with §60.31 and §60.83.
|
| Source Note: The provisions of this §114.40 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective August 1, 2020, 45 TexReg 5184; amended to be effective May 1, 2022, 47 TexReg 2524 |
