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(a)Active Status. Any licensee with a license on active
status may practice pursuant to that license, subject to any restrictions
imposed by the Council. Active status is the only status under which
a licensee may engage in the practice of the licensee's respective
profession.
(b)Inactive Status.
(1)A licensee with an unrestricted active license
may elect inactive status through the Council's online licensing system.
A licensee who elects inactive status must return the licensee's current
renewal certificate for the license to the Council, and pay the associated
fee.
(2)A licensee with an inactive license is not required
to comply with continuing education requirements while the license
is inactive.
(3)The inactive status period for a license shall
coincide with the license renewal period. At the end of the renewal
period, if the inactive status has not been renewed or the license
returned to active status, the license will expire.
(4)In order to continue on inactive status, an inactive
licensee must renew the inactive status each renewal period. Licensees
may renew their inactive status through the Council's online licensing
system by completing the online renewal requirements and paying the
associated fee.
(5)A licensee with a pending complaint may not place
a license on inactive status. If disciplinary action is taken against
a licensee's inactive license, the licensee must reactivate the license
until the terms of the disciplinary action or restricted status have
been terminated. Failure to reactivate a license when required by
this paragraph shall constitute grounds for further disciplinary action.
(6)An inactive license may be reactivated at any time
by submitting a written request to return to active status to the
Council's office. When reactivating a license, a licensee must pay
the renewal fee associated with the license. A license that has been
reactivated is subject to the standard renewal schedule and requirements,
including renewal and late fees. Notwithstanding the foregoing, a
license that is reactivated within 60 days of its renewal date will
be considered as having met all renewal requirements and will be renewed
for the next renewal period.
(7)Any licensee reactivating a license from inactive
status must provide proof of completion of the continuing education
requirements for renewal of that particular license before reactivation
will occur.
(8)A licensee wishing to reactivate a license that
has been on inactive status for four years or more must take and pass
the relevant jurisprudence exam with the minimum acceptable score,
unless the licensee holds another license on active status within
the same profession.
(c)Delinquent Status. A licensee who fails to renew
a license for any reason when required is considered to be on delinquent
status. Any license delinquent for more than 12 consecutive months
shall expire. A licensee may not engage in the practice of the licensee's
respective profession under a delinquent license. The Council may
sanction a delinquent licensee for violations of its rules.
(d)Restricted Status. Any license that is currently
suspended, on probated suspension, or is currently required to fulfill
some requirements in an agency order is a restricted license.
(e)Retirement Status. A licensee who is on active
or inactive status may retire the license by notifying the Council
in writing prior to the renewal date for the license. A licensee with
a delinquent status may also retire the license by notifying the Council
in writing prior to the license expiring. However, a licensee with
a pending complaint or restricted license may not retire the license.
A licensee who retires a license shall be reported to have retired
in good standing.
(f)Resignation Status. A licensee may resign only
upon express agreement with the Council.
(g)Expired Status. A license that has been delinquent
for more than 12 consecutive months or any inactive license that is
not renewed or reactivated is considered to be expired.
(h)Revoked Status. A revoked status results from a
license being revoked pursuant to an agency order.
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 9, 2020
TRD-202001406 Darrel D. Spinks
Executive Director
Texas Behavioral Health Executive Council
Earliest possible date of adoption: May 24,
2020
For further information, please call: (512) 305-7700
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