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RULE §821.12Temporary License

(a) Purpose. The purpose of this section is to describe the eligibility requirements for a temporary license as a prosthetist, orthotist, or prosthetist/orthotist issued under the Orthotics and Prosthetics Act (Act), Texas Occupations Code, §605.257.

(b) General requirements. To qualify for a temporary license, a person must:

  (1) have become a Texas resident as defined in §821.2 of this title (relating to Definitions), within the 12 month period preceding application for a temporary license;

  (2) apply for a license as a prosthetist, orthotist or prosthetist/orthotist under §821.8 of this title (relating to Acquiring Licensure as a Uniquely Qualified Person) or §821.9 of this title (relating to Licensing by Examination); and

  (3) have either:

    (A) practiced orthotics and/or prosthetics regularly since January 1, 1996; or

    (B) been licensed as a prosthetist, orthotist, or prosthetist/orthotist by the state governmental licensing agency in the state in which the applicant resided immediately preceding the applicant's move to Texas. The licensing requirements in that state must be equal to or exceed the requirements of this section.

(c) Requirements for continued practice in Texas. To continue practicing prosthetics and/or orthotics the temporary license holder must meet the requirements of either §821.8 or §821.9 of this title and pass the appropriate board examination as set out in §821.7 of this title (relating to Examinations for Licensure as a Prosthetist, Orthotist, or Prosthetist/Orthotist). The examination must be passed while the temporary license is current and not expired.

(d) Issuance of a temporary license. A temporary license is valid for one year from the date issued unless the applicant is not approved by the board for licensure by examination or unique qualifications. If the applicant is not approved by the board, the temporary license is no longer valid and must be surrendered to the board within 15 days of the notice of denial.

(e) Renewal requirements. A temporary license may be renewed once for one additional one-year period if the applicant:

  (1) has not failed an examination administered by the board; and

  (2) applies for renewal on or before the expiration date of the initial temporary license; and either

  (3) is registered to take the next scheduled examination; or

  (4) presents evidence, satisfactory to the executive director of good cause for renewal. The executive director may consult with a board member in order to determine if sufficient evidence has been presented.

Source Note: The provisions of this §821.12 adopted to be effective February 10, 2011, 36 TexReg 548

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