22 Tex. Admin. Code § 217.6 - Failure to Renew License
(a) A
nurse who is not practicing nursing in Texas and who fails to maintain a
current Texas license for a period of time less than four years may bring his
or her license up-to-date by filing such forms as the Board may require,
showing evidence of having completed 20 contact hours of acceptable continuing
education that meets the requirements of Chapter 216 of this title (relating to
Continuing Competency) within the two years immediately preceding the
application for reactivation , and paying the current licensure fee plus a late
fee and any applicable fines, which are not refundable.
(b) A nurse who is not practicing nursing and
who fails to maintain a current license from any licensing authority for four
or more years will be required to:
(1)
complete a refresher course , extensive orientation to the practice of nursing,
or a nursing program of study that meets the requirements prescribed by the
Board . The applicant must submit an application to the Board for a temporary
permit for the limited purpose of completing a refresher course , extensive
orientation to the practice of nursing, or a nursing program of
study ;
(2) submit to the Board
evidence of the successful completion of the requirements of paragraph (1) of
this subsection;
(3) submit to the
Board a certificate of completion from the Texas Nursing Jurisprudence
Exam;
(4) submit to the Board a
completed reactivation application;
(5) submit to the Board the current,
non-refundable licensure fee, plus a late fee and any applicable fines which
are not refundable; and
(6) submit
to the Board evidence of completion of 20 contact hours of acceptable
continuing education for the two years immediately preceding the application
for reactivation that meets the requirements of Chapter 216 of this title.
(c) The Board adopts by
reference the following forms, which comprise the instructions and requirements
for a refresher course , extensive orientation to the practice of nursing, and a
nursing program of study required by this section, and which are available at
http://www.bon.state.tx.us/olv/forms.html:
(1) Application for Six Month Temporary
Permit (RN); and
(2) Application
for Six Month Temporary Permit (LVN).
(d) A nurse who fails to maintain a current
Texas license for four years or more and who is licensed and has practiced in
another state during the previous four years preceding the application for
reactivation in Texas must comply with the requirements of subsection (b)(3)
-(6) of this section.
(e) The
issuance of a license reactivation may be refused to an individual who:
(1) fails to submit an application for
reactivation ; or
(2) submits an
application which:
(A) is
incomplete;
(B) does not show
evidence that the person meets the requirements for reactivation ; or
(C) is not accompanied by the correct
fee(s).
(f) The
Board 's refusal to reactivate a license for the reasons specified in subsection
(e) of this section does not entitle an individual to a hearing at the State
Office of Administrative Hearings.
(g) An individual who is refused a license
reactivation and who wishes to reactivate his or her license will be required
to:
(1) correctly complete the reactivation
application;
(2) show evidence of
meeting all the requirements for reactivation , including completion of 20
contact hours of continuing education that meets the requirements of Chapter
216 of this title; and
(3) submit
payment of the correct, non-refundable reactivation fee as follows:
(A) if the license has been delinquent less
than 90 days, the required fee will equal the renewal fee plus one-half the
examination fee (see §
223.1 of this
title (relating to Fees)), plus any applicable fines; or
(B) if the license has been delinquent for
more than 90 days, the required fee will equal the renewal fee plus the full
examination fee (see §
223.1 of this
title), plus any applicable fines.
(h) Special Reactivation Provisions for
Actively Deployed Nurses.
(1) If a nurse 's
license lapses and becomes delinquent while serving in the military whenever
the United States is engaged in active military operations against any foreign
power, the license may be reactivated without penalty or payment of the late
renewal fee(s) under the following conditions:
(A) The license was active at the time of
deployment;
(B) The application for
reactivation is made while still in the armed services or no later than three
months after discharge from active service or return to inactive military
status;
(C) A copy of the military
activation orders or other proof of active military service accompanies the
application;
(D) The renewal fee is
paid; and
(E) If the required
continuing education contact hours were not earned for reactivation during the
earning period, the nurse shall be required to complete the required continuing
education hours needed for reactivation no later than three months after
discharge from active service, return to inactive military status, or return to
the United States from an active war zone.
(2) The continuing education contact hours
used for reactivation may not be used for the next license renewal.
(3) The continuing education contact hours
for the next license renewal following reactivation may not be
prorated.
(i) A nurse
whose license has been expired for more than one year and who has been
initially or finally convicted of, or has entered a plea of guilty or nolo
contendere for, an offense specified in the Occupations Code §
301.4535(a);
surrendered a license or a privilege in another state or had a license or
privilege revoked, suspended, or denied in another state; or been imprisoned
following a felony conviction, felony community supervision revocation,
revocation of parole, or revocation of mandatory supervision may not renew the
license until the Board has completed an investigation and reached a final
resolution of the matter.
(j)
Military Spouse .
(1) A nurse who is the spouse
of an individual serving on active duty as a member of the armed forces of the
United States may be exempt from paying the late fees and fines required by
this section if the applicant submits to the Board :
(A) a completed reactivation application
submitted through the Texas Nurse Portal accessible through the Board 's
website; and
(B) documentation
showing that the applicant is the spouse of an individual serving on active
duty as a member of the armed forces of the United States , also submitted
through the Texas Nurse Portal accessible through the Board 's
website.
(2) A nurse
submitting an application for reactivation under this section who is the spouse
of an individual serving on active duty as a member of the armed forces of the
United States and has practiced nursing in any jurisdiction within the four
years immediately preceding the application is not required to complete the
continuing education contact hours required by this section.
(3) All other requirements of this section
apply to military spouse applicants.
Notes
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