(a) The registration renewal fee shall not apply to retired license holders. To be placed in retired status:      
        (1) the license holder must not be under an investigation or an active order with the board or otherwise have a restricted license; and       
        (2) the license holder must request in writing on a form prescribed by the board that his or her license be placed on official retired status.       
      (b) The following restrictions shall apply to license holders whose licenses are on official retired status:      
        (1) the license holder must not engage in the practice of acupuncture in any state; and       
        (2) the license holder's license may not be endorsed to any other state.       
      (c) A license holder may apply to return to active practice as follows:      
        (1) A retired status license holder who has been in a retired status for less than two years may apply to return to active status by applying to the board, paying an application fee equal to an application fee for a acupuncture license, complying with the requirements for license renewal under the Act, and complying with paragraph (2)(A) - (D) of this subsection, if applicable.       
        (2) The request of a retired status license holder 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 including but not limited to:                  (A) completion of specified continuing acupuncture education hours qualifying under §183.20 of this title (relating to Continuing Acupuncture Education);                   (B) limitation and/or exclusion of the practice of the applicant to specified activities of practice;                   (C) remedial education; and/or                   (D) such other remedial or restrictive conditions or requirements which, in the discretion of the board are necessary to ensure protection of the public and minimal competency of the applicant to safely practice as an acupuncturist.         
        (3) The request of a license holder 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 including but not limited to those options provided in paragraph (2)(A) - (D) of this subsection.       
        (4) In evaluating a request to return to active status, the Licensure Committee or the full board may require a personal appearance by the requesting license holder 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.       
     Source Note:        The provisions of this §183.26 adopted to be effective January 24, 2016, 41 TexReg 623