16 Tex. Admin. Code § 60.56

Current through Register Vol. 49, No. 48, November 29, 2024

Section 60.56 - Validity and Acceptance of Examination Results; Reexamination

(a) This section addresses the validity and acceptance of licensing examination results and whether a person must retake a licensing examination. This section applies to all examinations provided or administered by the department's examination provider or by another third-party examination provider who is not contracted with the department.

(b) Examination Results for New License Applicants With No Previous License.

(1) This subsection applies to a person who is applying for a new license issued by the department and who has not previously held that license.

(2) Examination results are valid for the length of the license term of the license being sought plus three years from the date of the examination.

(A) If the person is applying for a license with a one-year license term, then the examination results are valid for four years from the date of the examination.

(B) If the person is applying for a license with a two-year license term, then the examination results are valid for five years from the date of the examination.

(3) After the time periods specified in paragraph (2) expire, the person must retake any examinations required to apply for a new license. Any previous licensing examination results will not be accepted.

(c) Examination Results for Previous License Holders.

(1) This subsection applies to a person who previously held a license issued by the department and who is applying for a new license. Each paragraph addresses a separate situation involving a previous license holder.

(2) Expired License Beyond Late Renewal Deadlines. Pursuant to Texas Occupations Code § 51.401(d), a person whose license has expired beyond the late renewal deadlines prescribed under §51.401 may obtain a new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license. The person must retake any examinations required to apply for a new license. Any previous licensing examination results will not be accepted.

(3) Previously Licensed in Texas and Currently Licensed in Another State. Pursuant to Texas Occupations Code § 51.401(e), a person who was previously licensed in Texas, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new Texas license without reexamination.

(4) Revoked License.

(A) Except as provided under paragraph (B), a person whose license has been revoked must retake any examinations required to apply for a new license. Any previous licensing examination results will not be accepted.

(B) Pursuant to Texas Occupations Code § 51.355 and rule §60.36, a person who reapplies for licensure after having a license revoked solely for failure to pay an administrative penalty or failure to pay an insufficient funds fee will not be required to retake any examinations required to apply for a new license. This provision does not apply where the person's license has been in a revoked status for three years or more at the time of the new application.

(5) Voluntarily Surrendered License. A person who was previously licensed in Texas and who voluntarily surrendered the license under §60.37 may obtain a new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license. The person must retake any examinations required to apply for a new license. Any previous licensing examination results will not be accepted.

16 Tex. Admin. Code § 60.56

Adopted by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9508, eff. 12/1/2024