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RULE §183.25Inactive Status License

(a) A license holder may have the license holder's license placed on inactive status by applying to the board. A license holder with an inactive status license may not practice as an acupuncturist in Texas.

(b) In order for a license holder to be placed on inactive status, the license holder must have a current registration permit and have a license in good standing.

(c) A license holder who practices as an acupuncturist in Texas while on inactive status is considered to be practicing without a license.

(d) A license holder may return to active status by applying to the board, paying an application fee equal to an application fee for an acupuncture license, complying with the requirements for license renewal under the Act, providing current certifications of good standing from each other state in which the acupuncturist holds an acupuncture license, and complying with subsection (e) of this section.

(e) An inactive status license holder applying to return to active status shall provide sufficient documentation to the board that the applicant has, on a full-time basis as defined in §183.4(a)(9)(B) of this title (relating to Licensure), actively practiced acupuncture or has been on the active teaching faculty of an acceptable approved acupuncture school, within either of the two years preceding receipt of an application for reactivation. Applicants who do not meet this requirement may, in the discretion of the board, be eligible for the reactivation of a license subject to one or more of the following conditions or restrictions as set forth in paragraphs (1) - (4) of this subsection:

  (1) completion of specified continuing acupuncture education hours qualifying under §183.20 of this title (relating to Continuing Acupuncture Education);

  (2) limitation and/or exclusion of the practice of the applicant to specified activities of the practice;

  (3) remedial education; and/or

  (4) such other remedial or restrictive conditions or requirements which, in the discretion of the board are necessary to ensure protection of the public and minimal competency of the applicant to safely practice as an acupuncturist.

(f) After five years on inactive status, the license holders license shall be canceled as if by request. The acupuncturist may obtain a new license by complying with the requirements and procedures for obtaining an original license. After such cancellation, the acupuncturist may apply for a new license. The acupuncturist shall be required to follow the standard requirements and procedures for obtaining licensure.

Source Note: The provisions of this §183.25 adopted to be effective January 24, 2016, 41 TexReg 623; amended to be effective September 16, 2018, 43 TexReg 5777

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