(a) Retired status means that a licensee is providing physical therapy services only in the domain of voluntary charity care.
(b) As used in the section:
  (1) "voluntary charity care" means physical therapy services provided for no compensation as a volunteer of a charitable organization as defined in §84.003 of the Texas Civil Practice and Remedies Code. Charitable organizations include any bona fide charitable, religious, prevention of cruelty to children or animals, youth sports and youth recreational, neighborhood crime prevention or patrol, or educational organization (excluding fraternities, sororities, and secret societies), or other organization promoting the common good and general welfare for the people in a community, including these types of organizations with a §501(c)(3) or (4) exemption from federal income tax, some chambers of commerce, and volunteer centers certified by the Department of Public Safety.
  (2) "compensation" means direct or indirect payment of anything of monetary value.
(c) To be eligible for retired status, a licensee must hold a current license on active or inactive status.
(d) Requirements for initiation of retired status. The components required to put a license on retired status are:
  (1) a completed retired status application form;
  (2) completion of board-approved continuing competence activities for the current renewal period;
  (3) the retired status fee and any late fees which may be due;
  (4) a passing score on the jurisprudence exam;
  (5) successful completion of a human trafficking prevention course approved by the executive commissioner of the Health and Human Services Commission (HHSC). The course must be a minimum of one contact hour in order to claim CCU credit; and
  (6) a criminal history record report from the Department of Public Safety and the Federal Bureau of Investigation obtained through fingerprinting. A licensee is not required to submit fingerprints for the renewal of the license if the licensee has previously submitted fingerprints under:
    (A) Section 329.1, for the initial issuance of the license; or
    (B) Chapter 341, License Renewal as part of a prior license renewal or restoration.
(e) Requirements for renewal of retired status. A licensee on retired status must renew the retired status every two years on his/her license renewal date. The components required to renew the retired status are:
  (1) a completed retired status application form;
  (2) completion of six units of board-approved continuing competence activities by both PTs and PTAs;
  (3) the retired status renewal fee, and any late fees which may be due;
  (4) a passing score on the jurisprudence exam;
  (5) successful completion of a human trafficking prevention course approved by the executive commissioner of the Health and Human Services Commission (HHSC). The course must be a minimum of one contact hour in order to claim CCU credit; and
  (6) a criminal history record report from the Department of Public Safety and the Federal Bureau of Investigation obtained through fingerprinting. A licensee is not required to submit fingerprints for the renewal of the license if the licensee has previously submitted fingerprints under:
    (A) Section 329.1, for the initial issuance of the license; or
    (B) Chapter 341, License Renewal as part of a prior license renewal or restoration.
(f) Requirements for reinstatement of active status. A licensee on retired status may request a return to active status at any time. The components required to return to active status are:
  (1) a signed renewal application form, documenting completion of board-approved continuing competence activities for the current renewal period, as described in §341.2 of this title, 30 CCUs for PTs and 20 CCUs for PTAs;
    (A) proof of voluntary charity care as defined in (b)(1) of this section can count toward up to one-half (1/2) of the continuing competence requirement;
    (B) ten (10) hours of voluntary charity care equals 1 CCU.
  (2) the renewal fee, and any late fees which may be due;
  (3) a passing score on the jurisprudence exam;
  (4) successful completion of a human trafficking prevention course approved by the executive commissioner of the Health and Human Services Commission (HHSC). The course must be a minimum of one contact hour in order to claim CCU credit; and
  (5) a criminal history record report from the Department of Public Safety and the Federal Bureau of Investigation obtained through fingerprinting. A licensee is not required to submit fingerprints
for the renewal of the license if the licensee has previously submitted fingerprints under:
    (A) Section 329.1, for the initial issuance of the license; or
    (B) Chapter 341, License Renewal as part of a prior license renewal or restoration.
(g) A license may be maintained on retired status indefinitely.
(h) A licensee on retired status may use the designation "PT, retired" or "PTA, retired", as appropriate.
(i) Licensees on retired status are subject to the audit of continuing competence activities as described in §341.2 of this title, concerning Continuing Competence Requirements.
(j) Licensees providing voluntary charity care are subject to the provisions of the Physical Therapy Practice Act and Rules; and as such, violations could result in disciplinary action.

Source Note: The provisions of this §341.9 adopted to be effective September 18, 2006, 31 TexReg 8000; amended to be effective July 21, 2010, 35 TexReg 6289; amended to be effective May 17, 2015, 40 TexReg 2667; amended to be effective January 1, 2019, 43 TexReg 7354; amended to be effective September 1, 2020, 45 TexReg 5513