(a) Application. Unless the text clearly says otherwise, use of the term licensee shall have the meaning assigned in §114.10.
  (1) After the initial license period, a licensee must renew the license every two years. This requirement does not apply to renewal of a temporary license or a student registration.
  (2) Each licensee is responsible for renewing the license before the expiration date and shall not be excused from paying additional fees or penalties. Failure to receive notification of expiration from the department before the expiration date of the license shall not excuse failure to apply for renewal or late renewal.
  (3) The department shall not renew the license of a licensee who is in violation of the Act or department rules at the time of application for renewal.
(b) A student registration may be renewed once for an additional two years. A student registration may not be renewed more than once in each area: prosthetics, orthotics, or both.
(c) License renewal requirements. To renew a license, a licensee must:
  (1) submit a completed renewal application on a department-approved form;
  (2) successfully pass a criminal history background check;
  (3) complete applicable continuing education requirements under §114.50;
  (4) comply with the continuing education audit process described under §114.50, as applicable;
  (5) submit the renewal fee required under §114.80; and
  (6) for each license renewal on or after September 1, 2020, the licensee must complete the human trafficking prevention training required under Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.
(d) Renewal for a retired practitioner performing voluntary charity care.
  (1) A retired practitioner performing voluntary charity care is a person who is:
    (A) at least 55 years old;
    (B) is not employed for compensation in the practice of orthotics or prosthetics; and
    (C) has notified the department in writing of the intention to retire and provide only voluntary orthotic or prosthetic charity care.
  (2) A retired practitioner who is only providing voluntary charity care may renew the license by submitting a renewal form; the required fee; and documentation of required continuing education hours.
  (3) A retired practitioner may change his or her retired status by providing notice in the manner prescribed by the department. To change status the retiree must submit a renewal application on the department-approved form, the appropriate renewal fee for a prosthetist or orthotist license, and documentation of the required continuing education hours.
(e) Renewal of facility accreditation.
  (1) An accreditation is valid for two years.
  (2) The department shall not renew the accreditation of a facility that is violating or has violated the Act or this chapter until the facility has corrected the violation(s) to the satisfaction of the department.
  (3) Each facility is responsible for renewing the accreditation before the expiration date and shall not be excused from paying additional fees or penalties. Failure to receive notification of expiration from the department before the expiration date of the accreditation shall not excuse failure to apply for renewal or late renewal.
  (4) The department shall renew an accreditation for a facility that has met the requirements for renewal. The certificate shall be displayed in a prominent location in the facility where it is available for inspection by the public.
  (5) After an accreditation is expired and until the facility has renewed the accreditation, the facility may not provide orthotic or prosthetic patient care.
(f) Expiration of license or accreditation.
  (1) A person may not practice with an expired license.
  (2) A person whose license has expired may not use the title or represent or imply that he or she has the title of "licensed orthotist," "licensed prosthetist," "licensed prosthetist/orthotist," "licensed orthotist assistant," "licensed prosthetist assistant," "licensed prosthetist/orthotist assistant," or use the letters "LO," "LP," "LPO," "LOA," "LPA," or "LPOA," and may not use facsimiles of those titles.
  (3) A facility that fails to renew its accreditation shall not represent or imply that the facility is accredited by the department.
  (4) A person whose license has expired may late renew the license in accordance with §60.31 of this title (relating to License Renewal Applications) and §60.83 of this title (relating to Late Renewal Fees). Facilities whose accreditation has expired may late renew the accreditation in accordance with §60.31 and §60.83.

Source Note: The provisions of this §114.40 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective August 1, 2020, 45 TexReg 5184; amended to be effective May 1, 2022, 47 TexReg 2524