(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 pay the associated fee. A
licensee may not engage in the practice of the licensee's respective
profession under an inactive license.
(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, unless there
is a complaint pending against the license. An inactive license with
a pending complaint that has not been renewed or returned to active
status within the renewal period will remain in inactive status until
resolution of the complaint. Upon resolution, the license shall be
subject to any resulting disciplinary action and, if not revoked or
resigned, shall 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. The Council may sanction a license
on inactive status for violations of its rules. 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 applying for active status through the online licensing system.
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. Any license delinquent for more than 12 consecutive months
may not be renewed and shall expire unless there is a complaint pending
against the license. A license with a pending complaint that has been
delinquent for more than 12 months will remain in delinquent status
until resolution of the complaint. Upon resolution, the license shall
be subject to any resulting disciplinary action and, if not revoked
or resigned, shall expire.
(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. A
licensee may not engage in the practice of the licensee's respective
profession under a suspended license. A licensee who is under a probated
suspension or other restriction may only practice under the terms
of that restriction.
(e)Retirement Status. A licensee who is on active, [
or] inactive, or delinquent status may retire the
license by submitting an online application to the Council. [
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. A licensee may
not engage in the practice of the licensee's respective profession
under a retired license.
(f)Resignation Status. A licensee may resign only
upon express agreement with the Council. A licensee may not engage
in the practice of the licensee's respective profession under a resigned
license.
(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, except
delinquent or inactive licenses pending complaint resolution. A licensee
may not engage in the practice of the licensee's respective profession
under an expired license.
(h)Revoked Status. A revoked status results from a
license being revoked pursuant to an agency order. A licensee
may not engage in the practice of the licensee's respective profession
under a revoked license.
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 July 17, 2024
TRD-202403159 Darrel D. Spinks
Executive Director
Texas Behavioral Health Executive Council
Earliest possible date of adoption: September 1, 2024
For further information, please call: (512) 305-7706
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