22 Tex. Admin. Code § 273.8 - Renewal of License
(a) Expired
license.
(1) If a license is not renewed on
or before the expiration date, it becomes expired. All licenses renew on a
biennial basis. Initial licenses expire on the second January 1 after the date
the license is first issued.
(2) If
a person's license has been expired for 90 days or less, the person may renew
the license by paying to the Board the amount of one and one-half times the
renewal fee.
(3) If a person's
license has been expired for longer than 90 days but less than one year, the
person may renew the license by paying to the Board the amount of two times the
renewal fee.
(4) If a person's
license has been expired for one year or longer, the person may not renew the
license but may obtain a new license by reapplying and passing the
jurisprudence exam and complying with the requirements and procedures for
obtaining an initial license. However, the Board may reinstate a license
without requiring reapplication and reexamination of the jurisprudence
examination an expired license of a person who was previously licensed in
Texas, is currently licensed in another state, and has been in practice as a
therapeutic optometrist for two years immediately preceding application for
reinstatement. The person shall be required to furnish documentation of
continuous practice for the two-year period and pay the renewal fee as
established by subsection (a)(3) of this section. The person must furnish
license verifications from each state in which the person is currently or
previously licensed. A license renewal under this section is subject to the
same requirements of §351.501 of the Act as a license applicant.
(5) For licenses expired for more than one
year, if the person was not licensed as a therapeutic optometrist when the
license expired, the person must also complete the requirements for therapeutic
license as outlined in Chapter 271 of this title prior to obtaining a new
license.
(6) A licensee receiving a
felony or misdemeanor criminal conviction as outlined under Occupations Code
Chapter 53 shall report the conviction on the next license renewal. This
requirement is in addition to the 30 day reporting requirement in §
277.5 of this title (relating to
Convictions). This paragraph does not require the reporting of a Class C
Misdemeanor traffic violation. The failure of a licensee to report a criminal
conviction is deceit, dishonesty and misrepresentation in the practice of
optometry and authorizes the Board to take disciplinary action under
§351.501 of the Act. The licensee shall furnish any document relating to
the criminal conviction as requested by the Board.
(7) Only an active licensee who has provided
a complete fingerprint criminal history report to the Board is eligible to
renew a license.
(b)
Mandatory Continuing Education for Renewal of License.
(1) The Board may not issue a renewal license
to a licensee who has not complied with the mandatory continuing education
requirements unless an exemption provided by §
275.1 of this title (relating to
General Requirements) is applicable.
(2) If a licensee has not fulfilled the
required continuing education requirements prior to the license renewal date,
the license shall expire. To renew that expired license, the licensee may
obtain and provide the Board with certified records that the licensee has,
since the expiration of the license, completed sufficient hours of approved
continuing education courses to satisfy any deficiency. Education obtained for
renewal of an expired license cannot be applied toward subsequent renewal of
license.
(3) The licensee cannot
practice optometry until such time as education is obtained and the expired
license has been renewed.
(4) The
licensee must pay to the Board the license renewal fee with a late penalty fee
authorized by §351.304 of the Act, plus a penalty authorized by
§351.308 of the Act.
(5) The
Executive Director shall determine if all requirements for renewal of license
have been fulfilled, and will notify the licensee when the practice of
optometry can resume.
(6) To
practice optometry with an expired license shall constitute the practice of
optometry without a license.
(c) Outstanding Administrative Penalty or
Failure to Comply with Board Condition.
(1)
The Board may refuse to renew a license to a person who has:
(A) not paid an administrative penalty owed
to the Board at the time of renewal; or
(B) not complied with a term or condition of
a disciplinary order or agreement issued by the Board.
(2) The Board may refuse to renew a license,
until such time as:
(A) every administrative
penalty payable on or before the time of renewal is paid; or
(B) all terms or conditions of a disciplinary
order or agreement issued by the Board are satisfied.
Notes
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