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TITLE 22EXAMINING BOARDS
PART 11TEXAS BOARD OF NURSING
CHAPTER 217LICENSURE, PEER ASSISTANCE AND PRACTICE
RULE §217.9Inactive and Retired Status

(a) A nurse may change his/her licensure status from "active" to "inactive" status by:

  (1) submitting a written request to the Board prior to the expiration of his/her license; or

  (2) designating "inactive" on the renewal form, if at the time of renewal.

(b) A nurse may change his/her licensure status from "active" or "inactive" to "retired" or "volunteer retired" status. A nurse who elects to change his/her licensure status from "active" or "inactive" to "retired" or "volunteer retired" status may do so only if he/she is in good standing with the Board. For purposes of this section, good standing means that the nurse's license is not in delinquent status and that there is no current disciplinary action, disciplinary probation, or pending investigation/s on his/her nursing license/s or authorization/s. A nurse will not be eligible for "retired" or "volunteer retired" status until all outstanding disciplinary issues have been resolved. Further, a nurse who wishes to change his/her licensure status from "inactive" to "retired" or "volunteer retired" status may do so only if his/her license was in good standing with the Board on the date his/her license became inactive.

(c) Retired Status. A nurse who wishes to change his/her licensure status to "retired" status and is eligible to do so under subsection (b) of this section must submit the following information to the Board:

  (1) a written request to use one of the following titles:

    (A) "Licensed Vocational Nurse, Retired"; "LVN, Retired"; "Vocational Nurse, Retired"; or "VN, Retired";

    (B) "Registered Nurse, Retired" or "RN, Retired"; or

    (C) "RN, Nurse Anesthetist, Retired"; "RN, Nurse-Midwife, Retired"; "RN, Nurse Practitioner, Retired"; or "RN, Clinical Nurse Specialist, Retired"; and

  (2) the required, non-refundable fee.

(d) A nurse whose license is in "retired" status may not practice as a nurse for compensation (monetary or non-monetary benefits).

(e) Volunteer Retired Authorization. In compliance with the Occupations Code §112.051, the Board shall adopt rules providing for reduced fees and continuing education requirements for retired health care practitioners whose only practice is voluntary charity care. The Board shall also define voluntary charity care.

  (1) A nurse who wishes to change his/her licensure status to "volunteer retired" status and is eligible to do so under subsection (b) of this section must request authorization from the Board. The nurse must meet the following criteria:

    (A) Must claim Texas as the nurse's Primary State of Residence in accordance with the Occupations Code Chapter 304, Nurse Licensure Compact, and Chapter 220 of this title; and

    (B) If applying as a vocational or registered nurse, must have completed at least 10 contact hours of continuing education as required by Chapter 216 of this title during the previous biennium. If applying as a registered nurse with advanced practice recognition, must meet the continuing education requirements of §216.3(c).

  (2) Application. An applicant for "volunteer retired" authorization must complete and submit to the Board an application requesting "volunteer retired" authorization as a vocational nurse, registered nurse, or registered nurse with advanced practice authorization in a given role and population focus area.

  (3) Scope of Authorization for LVN or RN. A nurse holding "volunteer retired" authorization may only practice nursing at the level for which he/she formerly held an active/unencumbered license to practice nursing. To qualify as volunteer practice, such practice must be without compensation or expectation of compensation as a direct service volunteer of a charitable organization. When engaging in practice as a volunteer retired nurse, the nurse must comply with the Nursing Practice Act (NPA) and Board rules in their entirety.

  (4) Scope of Authorization for APRN. A nurse who has authorization in an advanced practice role and population focus area at the time of application for "volunteer retired" authorization must continue to practice in collaboration/supervision with a physician qualified in the APRN's role and population focus area, as well as in compliance with all other laws applicable to the APRN's practice setting, both within the NPA and Board rules, as well as other applicable laws.

  (5) Charitable Organization. A charitable organization is defined in §84.003 of the Texas Civil Practice and Remedies Code and includes 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.

  (6) Renewal. A nurse's "volunteer retired" authorization expires on the same date as the nurse's regular license previously expired. Each volunteer retired nurse seeking to renew his/her "volunteer retired" authorization must meet all of the requirements of this section, including the continuing education requirements set forth in this section for the applicable renewal period.

  (7) Penalty. A nurse whose license is in "volunteer retired" status shall not receive compensation (monetary or non-monetary benefits) for the practice of nursing. To do so would constitute the practice of vocational, professional, or advanced practice nursing (as applicable) without a license and will subject the volunteer retired nurse to the penalties imposed for this violation.

  (8) Titles. A nurse holding "volunteer retired" authorization may hold him/herself out as and may use one of the titles specified in subsection (c) of this section to reflect the individual nurse's "volunteer retired" authorization. Titles representing to the public that a nurse holds "volunteer retired" authorization are protected in the same manner as titles listed in the Occupations Code §301.351 and §217.10 of this chapter.

  (9) Authorization Verification. Authorization verification may be accomplished by accessing the Board's web page at http://www.bon.texas.gov/.

(f) A nurse who has not practiced nursing in Texas and whose license has been in an inactive status for less than four years may reactivate the license by completing the reactivation application form, paying the required reactivation fee and the current licensure fee which are non-refundable, and submitting verification of completion of 20 contact hours of continuing education that meets the requirements of Chapter 216 of this title (relating to Continuing Competency) within the two years immediately preceding the application for reactivation.

(g) A nurse who has not practiced nursing and whose license has been in an inactive status for four or more years must submit to the Board:

  (1) a completed reactivation application;

  (2) verification of successful completion of a refresher course, extensive orientation to the practice of nursing, or a nursing program of study that meets the requirements prescribed by the Board. The nurse must submit an application to the Board for a temporary permit for the limited purpose of completing a refresher course, extensive orientation to the practice of nursing, or a nursing program of study;

  (3) evidence of completion of 20 contact hours of acceptable continuing education for the two years immediately preceding the application for reactivation that meets the requirements of Chapter 216 of this title;

  (4) a successful course completion form from one of the following:

    (A) the online Texas Board of Nursing Jurisprudence Prep Course;

    (B) the Texas Board of Nursing Jurisprudence and Ethics Workshop; or

    (C) a Texas Board of Nursing approved Nursing Jurisprudence and Ethics course;

  (5) a certificate of successful completion from the Texas Nursing Jurisprudence Exam; and

  (6) the required reactivation fee, plus the current licensure fee, which are non-refundable.

(h) The Board adopts by reference the following forms, which comprise the instructions and requirements for a refresher course, extensive orientation to the practice of nursing, and a nursing program of study required by this section, and which are available at http://www.bon.state.tx.us/olv/forms.html:

  (1) Application for Six Month Temporary Permit (RN); and

  (2) Application for Six Month Temporary Permit (LVN).

(i) A nurse whose license has been in an inactive status for four years or more and who is licensed and has practiced in another state during the previous four years preceding the application for reactivation in Texas must comply with the requirements of subsection (g)(1) and (3) - (6) of this section.


Source Note: The provisions of this §217.9 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 5, 2004, 29 TexReg 6296; amended to be effective January 2, 2006, 30 TexReg 8880; amended to be effective October 11, 2010, 35 TexReg 9093; amended to be effective January 17, 2012, 37 TexReg 122

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