(a) The Retired Status is available for an occupational therapy practitioner whose only practice is the provision of voluntary charity care without monetary compensation.
  (1) "Voluntary charity care" means occupational therapy services provided as a volunteer with no compensation.
  (2) "Compensation" means direct or indirect payment of anything of monetary value.
  (3) The designation used by the retired status licensee is Occupational Therapist Registered, Retired (OTR, Ret) or Occupational Therapist, Retired (OT, Ret), or Certified Occupational Therapy Assistant, Retired (COTA, Ret) or Occupational Therapy Assistant, Retired (OTA, Ret).
(b) To be eligible for retired status, a licensee must hold a current license on active or inactive status or an active or inactive license that has been expired less than one year. The license may only be put on retired status at the time of renewal.
(c) Requirements for initial retired status are:
  (1) a completed retired status form;
  (2) a passing score on the jurisprudence examination;
  (3) completion of 6 hours of continuing education as described in Chapter 367 of this title (relating to Continuing Education) that includes training on human trafficking as described in that chapter;
  (4) the retired status fee and any late fees that may be due; and
  (5) a complete and legible set of fingerprints submitted in the manner prescribed by the Board for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation. The licensee is not required to submit fingerprints under this section if the license holder has previously submitted fingerprints under:
    (A) Chapter 364 of this title (relating to Requirements for Licensure) for the initial issuance of the license;
    (B) Chapter 370 of this title (relating to License Renewal) as part of a prior license renewal; or
    (C) Chapter 371 of this title (relating to Inactive and Retired Status) as part of a prior license renewal or change of license status.
(d) Requirements for renewal of retired status. A licensee on retired status must renew every two years before the expiration date. The retired occupational therapy practitioner shall submit:
  (1) a completed retired status form;
  (2) a passing score on the jurisprudence examination;
  (3) the retired status fee and any late fees that may be due;
  (4) completion of 6 hours of continuing education each license renewal period as described in Chapter 367 of this title (relating to Continuing Education) that includes training on human trafficking as described in that chapter; and
  (5) a complete and legible set of fingerprints submitted in the manner prescribed by the Board for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation. The licensee is not required to submit fingerprints under this section if the license holder has previously submitted fingerprints under:
    (A) Chapter 364 of this title (relating to Requirements for Licensure) for the initial issuance of the license;
    (B) Chapter 370 of this title (relating to License Renewal) as part of a prior license renewal; or
    (C) Chapter 371 of this title (relating to Inactive and Retired Status) as part of a prior license renewal or change of license status.
(e) Requirements for return to active status. A licensee who has been on retired status less than one year must submit the active status renewal fee and the late fee as described in §370.1 of this title (relating to License Renewal) and 18 additional hours of continuing education as described in Chapter 367 of this title (relating to Continuing Education). A licensee who has been on retired status for one year or more must follow the procedures for §370.3 of this title (relating to Restoration of Texas License).
(f) The occupational therapy practitioner may continue to renew the retired status license indefinitely.
(g) Licensees on retired status are subject to the audit of continuing education as described in §367.3 of this title (relating to Continuing Education Audit).
(h) A retired occupational therapy practitioner is subject to disciplinary action under the Occupational Therapy Practice Act.
(i) The retired status fees and any late fees as set by the Executive Council are nonrefundable.

Source Note: The provisions of this §371.2 adopted to be effective August 29, 2006, 31 TexReg 6801; amended to be effective September 7, 2009, 34 TexReg 6124; amended to be effective June 10, 2012, 37 TexReg 4069; amended to be effective July 1, 2016, 41 TexReg 4049; amended to be effective January 1, 2019, 43 TexReg 7915; amended to be effective September 1, 2020, 45 TexReg 5662; amended to be effective June 1, 2022, 47 TexReg 3064