(a) The registration fee shall not apply to retired certificate or NCT.
(b) To become exempt from the registration fee due to retirement, the individual:
  (1) must not be under an investigation or order with the board or otherwise be restricted; and
  (2) must request in writing on a form prescribed by the board for his or her certificate or NCT registration to be placed on official retired status.
  (3) The following restrictions shall apply to a certificate or NCT registration placed under an official retired status:
    (A) the certificate or NCT registration holder must not engage in clinical activities requiring a certificate or NCT registration in Texas or any state; and
    (B) the certificate or permit holder's certificate or permit may not be endorsed to any other state.
(c) A retired certificate or NCT registration holder may return to active status by:
  (1) applying to the board;
  (2) paying an application fee equal to an application fee for a certificate or NCT registration holder;
  (3) complying with the requirements for certificate or NCT registration renewal under the Act;
  (4) providing current verifications from each state in which the certificate or NCT registration holder holds a license, certificate, permit, or registration, as applicable;
  (5) providing current verifications of certification by ARRT, CBRPA, or NMTCB, as applicable; and
  (6) complying with subsection (d) of this section.
(d) Licensure Committee or Executive Director Recommendations.
  (1) The request of a certificate or NCT registration holder seeking a return to active status whose certificate or NCT registration 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 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. 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 the following terms:
    (A) completion of specified continuing education hours directly or indirectly related to the disciplines of radiologic technology and offered by an institution accredited by a regional accrediting organization such as SACS, or by JRCERT, JRCNMT, JTCCVT, CCE, ABHES, or ASRT;
    (B) current certification by ARRT, CBRPA, or NMTCB, as applicable;
    (C) limitation and/or exclusion of the practice of the applicant to specified activities of the practice;
    (D) remedial education; and
    (E) 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.
  (2) The request of a certificate or NCT registration holder seeking a return to active status whose certificate 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 of the board, 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 (1)(A) - (E) of this subsection.
(e) In evaluating a request to return to active status, the Licensure Committee or the full board may require a personal appearance by the certificate or NCT registration 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 and in writing by the executive director or the Licensure Committee, or other designee(s) determined by majority vote of the board.
(f) A retired certificate or NCT registration holder who has obtained an exemption from the renewal fee as provided for under this section, may be subject to disciplinary action under the Act, §601.302, based on unprofessional conduct if the certificate or NCT registration holder engages in activities requiring a certificate or NCT registration.
(g) A retired certificate or NCT registration holder who attempts to obtain an exemption from the registration fee under this section by submitting false or misleading statements to the board shall be subject to disciplinary action pursuant to the Act, §601.302, in addition to any civil or criminal actions provided for by state or federal law.

Source Note: The provisions of this §194.10 adopted to be effective April 3, 2017, 42 TexReg 1763; amended to be effective April 17, 2019, 44 TexReg 1859; amended to be effective November 10, 2019, 44 TexReg 6883