(a) An applicant for licensure:
  (1) whose documentation indicates any name other than the name under which the applicant has applied must furnish proof of the name change;
  (2) whose applications have been filed with the board in excess of one year will be considered expired. Any fee previously submitted with that application shall be forfeited unless otherwise provided by §175.5 of this title (relating to Payment of Fees or Penalties). Any further request for licensure will require submission of a new application and inclusion of the current licensure fee. An extension to an application may be granted under certain circumstances, including:
    (A) Delay by board staff in processing an application;
    (B) Application requires Licensure Committee review after completion of all other processing and will expire prior to the next scheduled meeting;
    (C) Licensure Committee requires an applicant to meet specific additional requirements for licensure and the application will expire prior to deadline established by the Committee;
    (D) Applicant requires a reasonable, limited additional period of time to obtain documentation after completing all other requirements and demonstrating diligence in attempting to provide the required documentation;
    (E) Applicant is delayed due to unanticipated military assignments, medical reasons, or catastrophic events;
  (3) who in any way falsifies the application may be required to appear before the board. It will be at the discretion of the board whether or not the applicant will be issued a license;
  (4) on whom adverse information is received by the board may be required to appear before the board. It will be at the discretion of the board whether or not the applicant will be issued a license;
  (5) shall be required to comply with the board's rules and regulations which are in effect at the time the completed application form and fee are received by the board; and
  (6) must complete and submit an accurate and complete application.
(b) Review and Recommendations by the Executive Director.
  (1) The executive director or designee shall review applications for licensure and may determine whether an applicant is eligible for licensure or refer an application to a committee of the board for review.
  (2) If the executive director or designee determines that the applicant clearly meets all licensing requirements, the executive director or designee, may issue a license to the applicant, to be effective on the date issued without formal board approval, as authorized by §603.151 of the Act.
  (3) If the executive director determines that the applicant does not clearly meet all licensing requirements as prescribed by the Act and this chapter, a license may be issued only upon action by the board following a recommendation by the Licensure Committee, in accordance with §603.151 and §603.255 of the Act and §187.13 of this title (relating to Informal Board Proceedings Relating to Licensure Eligibility). Not later than the 20th day after the date the applicant receives notice of the executive director's determination the applicant shall:
    (A) request a review of the executive director's recommendation by a committee of the board conducted in accordance with §187.13 of this title; or
    (B) withdraw his or her application.
    (C) If an applicant fails to take timely action, as provided under this subsection, such inaction shall be deemed a withdrawal of his or her application.
  (4) To promote the expeditious resolution of any licensure matter, the executive director, with the approval of the board, may recommend that an applicant be eligible for a license, but only under certain terms and conditions and present a proposed agreed order or remedial plan to the applicant. Not later than the 20th day after the date the applicant receives notice of the executive director's recommendation, the applicant shall do one of the following:
    (A) sign the order/remedial plan and the order/remedial plan shall be presented to the board for consideration and acceptance without initiating a Disciplinary Licensure Investigation (as defined in §187.13 of this title) or appearing before a committee of the board concerning issues relating to licensure eligibility; or
    (B) request a review of the executive director's recommendation by a committee of the board conducted in accordance with §187.13 of this title; or
    (C) withdraw his or her application.
    (D) If an applicant fails to take timely action, as provided under this subsection, such inaction shall be deemed a withdrawal of his or her application.
(c) Committee Referrals. An applicant who has either requested to appear before the licensure committee of the board or has elected to be referred to the licensure committee of the board due to a determination of ineligibility by the Executive Director in accordance with section, in lieu of withdrawing the application for licensure, may be subject to a Disciplinary Licensure Investigation as defined in §187.13 of this title. Review of the executive director's determination by a committee of the board shall be conducted in accordance with §187.13 of this title.

Source Note: The provisions of this §188.5 adopted to be effective July 7, 2016, 41 TexReg 4828; amended to be effective January 16, 2018, 43 TexReg 234