Cal. Code Regs. tit. 16 § 1398.18

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1398.18 - Retired License Status
(a) For the purposes of this section, "disciplinary reasons" means that the applicant's practice was restricted by order of the Board for violations of the Physical Therapy Practice Act, Physical Therapy Regulations, or Section 822 of the Code, including orders resulting from:
(1) an accusation filed pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code seeking to revoke, suspend, or place the license on probation; or,
(2) an interim suspension order filed pursuant to Section 494 of the Code.
(b) A physical therapist or physical therapist assistant licensee ("applicant") may apply for and, upon compliance with the requirements in subdivision (d), be issued a license by the Board in retired status ("retired license").
(c) A holder of a retired license is not required to renew that license or meet the continuing competency requirements of section 1399.91.
(d) In order to be eligible for a retired license, an applicant shall:
(1) Submit a completed form to the Board titled "Application for Retired License (RS1 (New 09/2021))," which is hereby incorporated by reference;
(2) Pay the nonrefundable retired license application fee as set forth in section 1399.50 or 1399.52, as applicable;
(3) Have an active or inactive license issued by the Board;
(4) Not have been placed on inactive status by the Board due to disciplinary reasons; and,
(5) Not be actively engaged in practice as a physical therapist or physical therapist assistant or engaged in any activity that requires them to be licensed by the Board.
(e) A holder of a retired license issued pursuant to this section shall not engage in any activity for which an active license is required.
(f) To be eligible to restore a retired license to active status within five years of being issued a retired license, an applicant shall:
(1) Complete and submit a form to the Board titled "Application to Restore Retired License to Active Status (RS2 (New 09/2021))," which is hereby incorporated by reference;
(2) Pay the nonrefundable biennial renewal fee for a physical therapist or physical therapist assistant, as set forth in sections 1399.50 or 1399.52, as applicable;
(3) Have completed a minimum of thirty (30) hours of continuing competency within the last two years prior to applying to restore the license to active status in compliance with Article 13 (commencing with section 1399.90); and,
(4) If an electronic record of the submission of fingerprints does not exist in the Department of Justice's criminal offender identification database and on written request of the Board, furnish to the Department of Justice a full set of fingerprints for the purposes of conducting criminal history record checks pursuant to Section 144 of the Code.
(g) If a licensee who has been in retired status for more than five years seeks an active license, the individual may apply for a new license in accordance with Section 2647 of the Code.

Cal. Code Regs. Tit. 16, § 1398.18

1. New article 1.5 (section 1398.18) and section filed 12-8-2022; operative 1-1-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 49).

Note: Authority cited: Sections 464 and 2615, Business and Professions Code. Reference: Sections 118, 144, 464, 2647, 2649, 2660 and 2688, Business and Professions Code.

1. New article 1.5 (section 1398.18) and section filed 12-8-2022; operative 1/1/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 49).