(a)A person whose full license has expired
or been retired, revoked, or resigned, may apply for reinstatement
of the license. A person seeking re-licensure must apply for reinstatement,
rather than applying for a new full license.
(b)An application for reinstatement shall be in writing
and in the form prescribed by the Council.
(c)In the case of revocation or resignation, application
for reinstatement shall not be made prior to one year after the effective
date of the revocation or resignation or prior to any time period
specified in the order of revocation or resignation. A person whose
license was revoked under §108.053 may apply for reinstatement
of the license if the person meets the requirements of §108.055
of the Occupations Code.
(d)A person seeking reinstatement of a license shall
appear before the Council or member board to answer any questions
or address any concerns raised by the person's application if requested
by a council or board member or the Executive Director. Failure to
comply with this subsection [paragraph] shall
constitute grounds for denial of the application for reinstatement.
(e)The Council may approve or deny an application
for reinstatement, and in the case of a denial, the Council may also
set a reasonable period that must elapse before another application
may be filed. The Council may also impose reasonable terms and conditions
that an applicant must satisfy before reinstatement of an unrestricted
license.
(f)An application for reinstatement of an expired,
retired, revoked, or resigned license may be granted upon proof of
each of the following:
(1)payment of the application fee;
(2)submission of a self-query report from the National
Practitioner Data Bank (NPDB) reflecting any disciplinary history
or legal actions taken against the applicant. A self-query report
must be submitted to the agency as a PDF that ensures the self-query
is exactly as it was issued by the NPDB (i.e., a digitally certified
self- query response) or in the sealed envelope in which it
was received from the NPDB;
(3)a fingerprint based criminal history check which
reflects no disqualifying criminal history;
(4)passage of any examinations required by a member
board;
(5)documentation of any continuing education required
by a member board; and
(6)submission of any other documentation or information
requested in the application or which the Council or a member board
may deem necessary in order to ensure the public's safety.
(g)The Council will evaluate each of the following
criteria when considering reinstatement of an expired, revoked, or
resigned license:
(1)circumstances surrounding the expiration, revocation,
or resignation of the license;
(2)conduct of the applicant subsequent to the expiration,
revocation, or resignation of the license;
(3)lapse of time since the expiration, revocation,
or resignation of the license;
(4)compliance with all terms and conditions imposed
by the Council or a member board in any previous order; and
(5)applicant's present qualification to practice the
regulated profession based upon the history of related employment,
service, education, or training, as well as the applicant's continuing
education since the expiration, revocation, or resignation of the
license.
(h)Notwithstanding time limits on original applications
and examinations found elsewhere in these rules, an applicant seeking
reinstatement of a license must submit all required documentation
and information, and successfully pass all required examinations within
the period specified by the Council. Failure to do so shall result
in the application for reinstatement expiring.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on April 11, 2022
TRD-202201306 Darrel D. Spinks
Executive Director
Texas Behavioral Health Executive Council
Earliest possible date of adoption: May 22, 2022
For further information, please call: (512) 305-7706
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