40 Tex. Admin. Code § 370.3 - Restoration of a Texas License
(a)
Restoration of a license expired one year or more to a person with a current
license or occupational therapy employment:
(1) The Board may restore a license to a
person whose Texas license has been expired one year or more if the person:
(A) is currently licensed in another state or
territory of the U.S. and that license has not been suspended, revoked,
cancelled, surrendered or otherwise restricted for any reason; or
(B) if not currently licensed in another
state or territory of the U.S., is applying from the U.S. military or a
non-licensing state or territory of the U.S. and can substantiate occupational
therapy employment for at least two years immediately preceding application for
a Texas license.
(2) The
person shall meet the following requirements:
(A) submit a completed restoration
application form ;
(B) submit in
paper or electronic form a current color photograph that meets the requirements
for a U.S. passport. A photograph in electronic form must be of a high-quality
resolution comparable to that of a passport photograph in paper form;
(C) submit documentation of the
completion of training on human trafficking as described in §
367.1 of this title (relating to
Continuing Education) that meets documentation requirements as per §
367.3 of this title (relating to
Continuing Education Audit);
(D)
submit a verification of license if the Board cannot verify the applicant's
history of licensure in occupational therapy, including disciplinary action.
The verification must be an original verification sent directly to the Board by
the licensing board of the state or territory. Disciplinary action must be
reported to the Board. If the applicant is not currently licensed in a state or
territory of the U.S. and is applying from the U.S. military or a non-licensing
state or territory of the U.S., a Verification of Employment form must be
submitted substantiating occupational therapy employment for at least two years
immediately preceding application for a Texas license;
(E) pass the jurisprudence
examination;
(F) pay the
restoration fee; and
(G) submit a
complete and legible set of fingerprints in the manner prescribed by the Board
for the purpose of obtaining criminal history record information from the
Department of Public Safety and the Federal Bureau of Investigation. The
licensee is not required to submit fingerprints under this section if the
license holder has previously submitted fingerprints under:
(i) Chapter 364 of this title (relating to
Requirements for Licensure) for the initial issuance of the license;
(ii) Chapter 370 of this title (relating to
License Renewal) as part of a prior license renewal; or
(iii) Chapter 371 of this title (relating to
Inactive and Retired Status) as part of a prior license renewal or change of
license status.
(b) Restoration of a license expired at least
one year but less than two years to a person without a current license or
occupational therapy employment:
(1) The
Board may restore a license expired at least one year but less than two years
to a person who was licensed in Texas and:
(A)
is not currently licensed in another state or territory of the U.S.;
or
(B) if not currently licensed in
another state or territory of the U.S., is applying from the U.S. military or a
non-licensing state or territory of the U.S. and cannot substantiate
occupational therapy employment for at least two years immediately preceding
application for a Texas license.
(2) The person shall meet the following
requirements:
(A) submit a completed
restoration application form ;
(B)
submit in paper or electronic form a current color photograph that meets the
requirements for a U.S. passport. A photograph in electronic form must be of a
high-quality resolution comparable to that of a passport photograph in paper
form;
(C) submit copies of the
completed continuing education showing 36 hours of continuing education as per
Chapter 367 of this title (relating to Continuing Education) that includes
training on human trafficking as described in that chapter;
(D) submit a verification of license if the
Board cannot verify the applicant's history of licensure in occupational
therapy, including disciplinary action. The verification must be an original
verification sent directly to the Board by the licensing board of the state or
territory. Disciplinary action must be reported to the Board;
(E) pass the jurisprudence
examination;
(F) pay the
restoration fee; and
(G) submit a
complete and legible set of fingerprints in the manner prescribed by the Board
for the purpose of obtaining criminal history record information from the
Department of Public Safety and the Federal Bureau of Investigation. The
licensee is not required to submit fingerprints under this section if the
license holder has previously submitted fingerprints under:
(i) Chapter 364 of this title (relating to
Requirements for Licensure) for the initial issuance of the license;
(ii) Chapter 370 of this title (relating to
License Renewal) as part of a prior license renewal; or
(iii) Chapter 371 of this title (relating to
Inactive and Retired Status) as part of a prior license renewal or change of
license status.
(c) Restoration of a license expired two
years or more to a person without a current license or occupational therapy
employment:
(1) The Board may restore a
license expired two years or more to a person who was licensed in Texas and:
(A) is not currently licensed in another
state or territory of the U.S.; or
(B) if not currently licensed in another
state or territory of the U.S., is applying from the U.S. military or a
non-licensing state or territory of the U.S. and cannot substantiate
occupational therapy employment for at least two years immediately preceding
application for a Texas license.
(2) The person shall meet the following
requirements:
(A) submit a completed
restoration application form ;
(B)
submit in paper or electronic form a current color photograph that meets the
requirements for a U.S. passport. A photograph in electronic form must be of a
high-quality resolution comparable to that of a passport photograph in paper
form;
(C) submit documentation of
the completion of training on human trafficking as described in §
367.1 of this title (relating to
Continuing Education) that meets documentation requirements as per §
367.3 of this title (relating to
Continuing Education Audit);
(D)
submit a verification of license if the Board cannot verify the applicant's
history of licensure in occupational therapy, including disciplinary action.
The verification must be an original verification sent directly to the Board by
the licensing board of the state or territory. Disciplinary action must be
reported to the Board;
(E) pass the
jurisprudence examination;
(F) pay
the restoration fee;
(G) submit a
complete and legible set of fingerprints in the manner prescribed by the Board
for the purpose of obtaining criminal history record information from the
Department of Public Safety and the Federal Bureau of Investigation. The
licensee is not required to submit fingerprints under this section if the
license holder has previously submitted fingerprints under:
(i) Chapter 364 of this title (relating to
Requirements for Licensure) for the initial issuance of the license;
(ii) Chapter 370 of this title (relating to
License Renewal) as part of a prior license renewal; or
(iii) Chapter 371 of this title (relating to
Inactive and Retired Status) as part of a prior license renewal or change of
license status; and
(H)
satisfy one of the following no more than two years prior to the submission of
the application:
(i) complete a re-entry
course through an accredited college or university and submit the certificate
of completion or transcript to the Board;
(ii) obtain an advanced or post-professional
occupational therapy degree, with an official transcript sent to the Board;
or
(iii) take and pass the NBCOT
examination for licensure purposes only (after requesting Board approval to
take the examination) and have the passing score reported to the Board directly
by NBCOT.
(d) The Board shall expedite the restoration
of a license to a military service member, military veteran, or military
spouse. To request expedited services, the military service member, military
veteran, or military spouse must submit a copy of the Uniformed Services
Military ID card or other appropriate official documentation evidencing current
or former military affiliation and notify the Board of his or her military
affiliation. In this section, "military service member," "military veteran,"
and "military spouse" have the meaning as defined in Chapter 55, Occupations
Code, §
55.001.
(e) The licensee whose license has been
restored shall refer to Chapter 369 of this title for provisions regarding
verification of current licensure.
(f) The restoration fee as set by the
Executive Council is nonrefundable.
(g) Restoration requirements must be met
within one year of the Board's receipt of the application. Restoration
requirements are based on the length of time the license has been expired and
whether the individual has a current license or occupational therapy employment
as specified in this section at the time of the license's
restoration.
Notes
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