Rule 73.2 – Repeal – Renewal of License
Wednesday, September 17, 2014 08:17 AM

The following section would be repealed.  Different language to "replace it" has been proposed elsewhere.

(a) Annual renewal. Each year, on or before the first day of a licensee's birth month, a licensee shall renew his or her license. A licensee may also apply for inactive status in accordance with §73.4 of this title (relating to Inactive Status). In order to renew a license, a licensee must submit to the board the license renewal form provided by the board, the renewal fee for an active license as provided in §75.7 of this title (relating to Fees and Charges for Public Information), any late fees, if applicable as provided in subsection (h) of this section, and verification of continuing education attendance as required by §73.3 of this title (relating to Continuing Education). An annual renewal certificate shall not be issued until all information and fees required by this section and §75.7 are provided to the board. 

(b) Locum tenens information. A licensee who substitutes for another licensee (locum tenens) and temporarily practices at the facility of the absent licensee shall provide the board with a list of each facility that he or she has served as a locum tenens during the previous 12 months. The list shall include the name, address, and facility registration of each facility. A locum tenens licensee shall have proof of licensure, such as a copy of the license or the board-issued wallet size license, with them while practicing and shall show it upon request.

(c) Licensees in default of TGSLC student loan or repayment agreement.

  (1) The board shall not renew a license of a licensee who is in default of a loan guaranteed by the Texas Guaranteed Student Loan Corporation (TGSLC) or a repayment agreement with the corporation except as provided in paragraphs (2) and (3) of this subsection. 

  (2) For a licensee in default of a loan, the board shall renew the license if:

    (A) the renewal is the first renewal following notice to the board that the licensee is in default; or

    (B) the licensee presents to the board a certificate issued by the corporation certifying that: 

      (i) the licensee has entered into a repayment agreement on the defaulted loan; or

      (ii) the licensee is not in default on a loan guaranteed by the corporation.

  (3) For a licensee who is in default of a repayment agreement, the board shall renew the license if the licensee presents to the board a certificate issued by the corporation certifying that:

    (A) The licensee has entered into another repayment agreement on the defaulted loan; or

    (B) the licensee is not in default on a loan guaranteed by the corporation or on a repayment agreement.

  (4) This subsection does not prohibit the board from issuing an initial license to a person who is in default of a loan or repayment agreement but is otherwise qualified for licensure. However, the board shall not renew the license of such a licensee, if at the time of renewal, the licensee is in default of a loan or repayment agreement except as provided in paragraphs (2)(B) or (3) of this subsection.

(d) Licensees in default of other student loans or scholarship obligations. 

  (1) This subsection applies to a licensee in default of a student loan other than a loan guaranteed by the TGSLC, in breach of a loan repayment agreement other than one related to a TGSLC loan, or in breach of any scholarship contract.

  (2) The board may refuse to renew a chiropractic license if it receives information from an administering entity that the licensee has defaulted on a student loan or has breached a student loan repayment contract, or a scholarship contract by failing to perform his or her service obligation under the contract. The board may rescind a denial of renewal under this subsection upon receipt of information from an administering entity that the licensee whose renewal was denied is now in good standing, as provided in subsection (b) of §71.3 (relating to Qualifications of Applicants).

(e) Upon notice that a licensee is again in default or breach of any loan or agreement relating to a student loan or scholarship agreement under subsections (c) or (d) of this section, the board may suspend the license or take other disciplinary action as provided in §80.2 of this title (relating to Default on Student Loans and Scholarship Agreements).

(f) Opportunity for hearing.

  (1) The board shall notify a licensee, in writing, of the nonrenewal of a license under subsections (c) or (d) of this section and of the opportunity for a hearing under paragraph (2) of this subsection prior to or at the time the annual renewal application is sent. 

  (2) Upon written request for a hearing by a licensee, the board shall set the matter for hearing before the State Office of Administrative Hearings in accordance with §75.9(d) of this title (relating to Complaint Procedures). A licensee shall file a request for a hearing with the board within 30 days from the date of receipt of the notice provided in paragraph (1) of this subsection.

(g) A license which is not renewed under subsections (c) or (d) of this section is considered expired. Subsections (h) and (i) of this section apply to a license not renewed under subsections (c) or (d) of this section.

(h) Expired license. 

  (1) If an active or inactive license is not renewed on or before the first day of the licensee's birth month of each year, it expires.

  (2) If a person's license has expired for 90 days or less, the person may renew the license by paying to the board the required renewal fee and a late fee, as provided in §75.7 of this title (relating to Fees). 

  (3) If a person's license has expired for longer than 90 days, but less than one year, the person may renew the license by paying to the board the required renewal fee and a late fee, as provided in §75.7 of this title.

  (4) Except as provided by paragraphs (5) and (6) of this subsection, if a person's license has expired for one year or longer, the person may not renew the license but may obtain a new license by submitting to reexamination and complying with the current requirements and procedures for obtaining an initial license.

  (5) At the board's discretion, a person whose license has expired for one year or longer may renew without complying with paragraph (4) of this subsection if the person moved to another state or foreign country and is currently licensed in good standing and has been in practice in the other state or foreign country for two years preceding application for renewal. The person must also pay the board a fee equal to the examination fee, as provided in §75.7 of this title. A person is considered "currently licensed" if such person is licensed by another licensing board recognized by the Board. The Board shall recognize another licensing board that:

    (A) has licensing requirements substantially equivalent to the requirements of the Chiropractic Act; and

    (B) maintains professional standards considered by the Board to be equivalent to the standards under the Chiropractic Act.

  (6) At the board's discretion, a person whose license has expired for one year but not more than three years may renew without complying with paragraph (4) of this subsection if the board determines that the person has shown good cause for the failure to renew the license and pays to the board:

    (A) the required renewal fee for each year in which the licensee was expired; and

    (B) an additional fee in an amount equal to the sum of:

      (i) the jurisprudence examination fee, multiplied by the number of years the license was expired, prorated for fractional years; and

      (ii) two times the jurisprudence examination fee.

  (7) Good cause for the purposes of paragraph (6) of this section means extenuating circumstances beyond the control of the applicant which prevented the person from complying timely with subsection (a), such as extended personal illness or injury, extended illness of the immediate family, or military duty outside the United States where communication for an extended period is impossible. Good cause is not shown if the applicant was practicing chiropractic during the period of time that the applicant's license was expired. With the renewal application, an applicant must submit a notarized sworn affidavit and supporting documents that demonstrate good cause, in the opinion of the board.

(i) Practicing with an expired license. Practicing chiropractic with an expired license constitutes practicing chiropractic without a license. A licensee whose license expires shall not practice chiropractic until the license is renewed or a new license is obtained as provided by subsection (h) of this section, except for a license which is not renewed under subsections (c) or (d) of this section if the licensee has timely requested a hearing under subsection (f) of this section. 

(j) Renewal of licenses. A licensee shall furnish a written explanation of his or her answer to any question asked on the application for license renewal, if requested by the board. This explanation shall include all details as the board may request and shall be furnished within two weeks of the date of the board's request.