SECTION 140.416. LCDC License Expiration, Renewal, and Continuing Education Requirements

(a) An LCDC license issued under this subchapter is valid until the expiration date printed on the license, which is calculated on a two-year renewal cycle from the date of original licensure. The licensee is responsible for renewing the license in a timely manner. The department will send the licensee a renewal notice, but failure to receive notice from the department does not waive or extend renewal deadlines.

(b) To renew a license, the LCDC shall:

(1) send a complete renewal application to the department;

(2) pay the renewal and renewal application fees as set forth in §140.403 of this title (relating to Fees);

(3) meet the criminal history standards described in §140.431 of this title (relating to Criminal History Standards); and

(4) complete all required continuing education as described in §140.418 of this title (relating to Continuing Education Standards).

(c) An LCDC who is otherwise eligible to renew a license may renew an unexpired license by submitting a complete renewal application and paying the required renewal fee to the department before the expiration date of the license. The renewal application and fee must be postmarked on or before the expiration date.

(d) If the LCDC's license has been expired for 90 days or less, the person may renew the license by paying to the department a fee in an amount specified in §140.403 of this title (relating to Fees).

(e) If the LCDC's license has been expired for more than 90 days but less than one year, the person may renew the license by paying to the department a fee in an amount specified in §140.403 of this title.

(f) If the LCDC's license has been expired for one year or more, the person may not renew the license. The LCDC may obtain a new license by submitting to reexamination and complying, under current standards, with the requirements and procedures for obtaining an initial license.

(g) Notwithstanding in subsection (f) of this section, the department may renew an LCDC license that has been expired for one or more years without reexamination if the applicant was licensed in this state, moved to another state, and is currently licensed as an LCDC and in good standing in that state, with no pending disciplinary actions or active sanctions against the license or LCDC, and has been in practice in the other state for the two years preceding the date the person applies for renewal. The person must pay to the department a fee in an amount equal to two times the required renewal fee for the license.

(h) An LCDC whose license has expired cannot offer or provide chemical dependency counseling services as defined by the KSAs or represent himself or herself as an LCDC.

(i) An LCDC who holds a master's degree or more advanced degree shall complete at least 24 hours of continuing education during each two-year licensure period. The 24 hours of education must include the specific courses required in subsection (k) of this section and, if applicable, in subsection (l) of this section.

(j) An LCDC who does not meet the criteria in subsection (i) of this section must complete at least 40 hours of continuing education. The 40 hours of education must include the specific courses required in subsection (k) of this section and, if applicable, in subsection (l) of this section.

(k) Continuing education hours must include at least three hours of ethics training and a total of at least six hours of training in HIV, Hepatitis C, and sexually transmitted diseases.

(l) If an individual's job duties include clinical supervision, required hours of continuing education must include three hours of clinical supervision training.

(m) An LCDC who teaches a qualifying continuing education course shall receive the same number of hours as students attending the course. Only one set of hours can be accrued for a single curriculum, and no more than one half of the required amount of hours of continuing education as set forth in subsections (i) and (j) of this section shall be granted for courses taught by the LCDC.

Source Note: The provisions of this §140.416 adopted to be effective September 9, 2008, 33 TexReg 7520; amended to be effective August 9, 2012, 37 TexReg 5788