22 Tex. Admin. Code § 217.9 - Inactive and Retired Status
(a) A
nurse may change his/her licensure status from "active" to "inactive" status
by:
(1) submitting a written request to the
Board prior to the expiration of his/her license; or
(2) designating "inactive" on the renewal
form, if at the time of renewal.
(b) A nurse may change his/her licensure
status from "active" or "inactive" to "retired" or "volunteer retired" status.
A nurse who elects to change his/her licensure status from "active" or
"inactive" to "retired" or "volunteer retired" status may do so only if he/she
is in good standing with the Board. For purposes of this section, good standing
means that the nurse's license is not in delinquent status and that there is no
current disciplinary action, disciplinary probation, or pending investigation/s
on his/her nursing license/s or authorization/s. A nurse will not be eligible
for "retired" or "volunteer retired" status until all outstanding disciplinary
issues have been resolved. Further, a nurse who wishes to change his/her
licensure status from "inactive" to "retired" or "volunteer retired" status may
do so only if his/her license was in good standing with the Board on the date
his/her license became inactive.
(c) Retired Status. A nurse who wishes to
change his/her licensure status to "retired" status and is eligible to do so
under subsection (b) of this section must submit the following information to
the Board:
(1) a written request to use one
of the following titles:
(A) "Licensed
Vocational Nurse, Retired"; "LVN, Retired"; "Vocational Nurse, Retired"; or
"VN, Retired";
(B) "Registered
Nurse, Retired" or "RN, Retired"; or
(C) "RN, Nurse Anesthetist, Retired"; "RN,
Nurse-Midwife, Retired"; "RN, Nurse Practitioner, Retired"; or "RN, Clinical
Nurse Specialist, Retired"; and
(2) the required, non-refundable
fee.
(d) A nurse whose
license is in "retired" status may not practice as a nurse.
(e) Volunteer Retired Authorization. In
compliance with the Occupations Code §
112.051, the Board
shall adopt rules providing for reduced fees and continuing education
requirements for retired health care practitioners whose only practice is
voluntary charity care. The Board shall also define voluntary charity care.
(1) A nurse who wishes to change his/her
licensure status to "volunteer retired" status and is eligible to do so under
subsection (b) of this section must request authorization from the Board. The
nurse must meet the following criteria:
(A)
Must claim Texas as the nurse's Primary State of Residence in accordance with
the Occupations Code Chapter 304, Nurse Licensure Compact, and Chapter 220 of
this title; and
(B) If applying as
a vocational or registered nurse, must have completed at least 10 contact hours
of continuing education as required by Chapter 216 of this title during the
previous biennium. If applying as a registered nurse with advanced practice
recognition, must meet the continuing education requirements of §
216.3(c).
(2)
Application. An applicant for "volunteer retired" authorization must complete
and submit to the Board an application requesting "volunteer retired"
authorization as a vocational nurse, registered nurse, or registered nurse with
advanced practice authorization in a given role and population focus
area.
(3) Scope of Authorization
for LVN or RN. A nurse holding "volunteer retired" authorization may only
practice nursing at the level for which he/she formerly held an
active/unencumbered license to practice nursing. To qualify as volunteer
practice, such practice must be without compensation or expectation of
compensation as a direct service volunteer of a charitable organization. When
engaging in practice as a volunteer retired nurse, the nurse must comply with
the Nursing Practice Act (NPA) and Board rules in their entirety.
(4) Scope of Authorization for APRN. A nurse
who has authorization in an advanced practice role and population focus area at
the time of application for "volunteer retired" authorization must continue to
practice in collaboration/supervision with a physician qualified in the APRN's
role and population focus area, as well as in compliance with all other laws
applicable to the APRN's practice setting, both within the NPA and Board rules,
as well as other applicable laws.
(5) Charitable Organization. A charitable
organization is defined in §
84.003
of the Texas Civil Practice and Remedies Code and includes any bona fide
charitable, religious, prevention of cruelty to children or animals, youth
sports and youth recreational, neighborhood crime prevention or patrol, or
educational organization (excluding fraternities, sororities, and secret
societies), or other organization promoting the common good and general welfare
for the people in a community, including these types of organizations with a
§ 501(c)(3) or (4) exemption from federal income tax, some chambers of
commerce, and volunteer centers certified by the Department of Public
Safety.
(6) Renewal. A nurse's
"volunteer retired" authorization expires on the same date as the nurse's
regular license previously expired. Each volunteer retired nurse seeking to
renew his/her "volunteer retired" authorization must meet all of the
requirements of this section, including the continuing education requirements
set forth in this section for the applicable renewal period.
(7) Penalty. A nurse whose license is in
"volunteer retired" status shall not receive compensation (monetary or
non-monetary benefits) for the practice of nursing. To do so would constitute
the practice of vocational, professional, or advanced practice nursing (as
applicable) without a license and will subject the volunteer retired nurse to
the penalties imposed for this violation.
(8) Titles. A nurse holding "volunteer
retired" authorization may hold him/herself out as and may use one of the
titles specified in subsection (c) of this section to reflect the individual
nurse's "volunteer retired" authorization. Titles representing to the public
that a nurse holds "volunteer retired" authorization are protected in the same
manner as titles listed in the Occupations Code §
301.351 and §
217.10 of this chapter.
(9) Authorization Verification. Authorization
verification may be accomplished by accessing the Board's web page at
http://www.bon.texas.gov/.
(f) A nurse who has not practiced
nursing in Texas and whose license has been in an inactive status for less than
four years may reactivate the license by completing the reactivation
application form, paying the required reactivation fee and the current
licensure fee which are non-refundable, and submitting verification of
completion of 20 contact hours of 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.
(g) A nurse who has not practiced
nursing and whose license has been in an inactive status for four or more years
must submit to the Board:
(1) a completed
reactivation application;
(2)
verification of successful completion of 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 nurse 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;
(3) 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;
(4) a
certificate of successful completion from the Texas Nursing Jurisprudence Exam;
and
(5) the required reactivation
fee, plus the current licensure fee, which are non-refundable.
(h) 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).
(i) A nurse whose license has been in an
inactive status 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 (g)(1)
and (3) - (5) of this section.
Notes
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