The registration fee shall apply to all physicians licensed by the board, whether or not they are practicing within the borders of this state, except retired physicians.
  (1) To become exempt from the registration fee due to retirement:
    (A) the physician's current license must not be under an investigation or order with the board or otherwise have a restricted license; and
    (B) the physician must request in writing on a form prescribed by the board for his or her license to be placed on official retired status.
  (2) The following restrictions shall apply to physicians whose licenses are on official retired status.
    (A) the physician must not engage in clinical activities or practice medicine in any state;
    (B) the physician may not prescribe or administer drugs to anyone, nor may the physician possess a Drug Enforcement Agency or Texas controlled substances registration; and
    (C) the physician's license may not be endorsed to any other state.
  (3) A physician whose license has been placed on official retired status must obtain the approval of the board before returning to active status by submitting a written request to the attention of the Permits Department of the board which indicates the following:
    (A) the physician's Texas medical license number;
    (B) current mailing address;
    (C) proposed practice location;
    (D) intended type of medical practice;
    (E) length of retired status;
    (F) any other medical licenses held;
    (G) any condition which adversely affects the physician's ability to practice medicine with reasonable skill and safety;
    (H) any current specialty board certifications; and
    (I) any formal or informal continuing medical education obtained during the period of retired status.
  (4) The request of a physician seeking a return to active status whose license has been placed on official retired status for two years or longer shall be submitted to the Licensure Committee of the board for consideration and a recommendation to the full board for approval or denial of the request. After consideration of the request and the recommendation of the Licensure Committee, the board shall grant or deny the request. If the request is granted, it may be granted without conditions or subject to such conditions which the board determines are necessary to adequately protect the public.
  (5) The request of a physician seeking a return to active status whose license has been placed on official retired status for less than two years may be approved by the executive director of the board or submitted by the executive director to the Licensure Committee for consideration and a recommendation to the full board for approval or denial of the request. In those instances in which the executive director submits the request to the Licensure Committee of the board, the Licensure Committee shall make a recommendation to the full board for approval or denial. After consideration of the request and the recommendation of the Licensure Committee, the board shall grant or deny the request subject to such conditions which the board determines are necessary to adequately protect the public.
  (6) In evaluating a request to return to active status, the Licensure Committee or the full board may require a personal appearance by the requesting physician at the offices of the board, and may also require a physical or mental examination by one or more physicians or other health care providers approved in advance in writing by the executive director, the secretary-treasurer, the Licensure committee, or other designee(s) determined by majority vote of the board.
  (7) A physician applying for retired status under paragraphs (1) and (2) of this section may be approved for emeritus retired status, a subgroup of "official retired status," provided that the physician has:
    (A) never received a remedial plan or been the subject of disciplinary action by the Texas Medical Board;
    (B) no criminal history, including pending charges, indictment, conviction and/or deferred adjudication in Texas;
    (C) never held a license, registration or certification that has been restricted for cause, canceled for cause, suspended for cause, revoked or subject to another form of discipline in a state, or territory of the United States, a province of Canada, a uniformed service of the United States or other regulatory agency.

Source Note: The provisions of this §166.3 adopted to be effective December 24, 1993, 18 TexReg 9189; amended to be effective January 12, 1996, 21 TexReg 107; amended to be effective October 17, 2001, 26 TexReg 8069; amended to be effective January 6, 2002, 26 TexReg 10865; amended to be effective November 30, 2003, 28 TexReg 10483; amended to be effective November 29, 2009, 34 TexReg 8531; amended to be effective July 4, 2012, 37 TexReg 4927; amended to be effective January 20, 2014, 39 TexReg 278; amended to be effective March 27, 2018, 43 TexReg 1863