(a) This section applies to an individual who is the
spouse of an active duty member of the United States armed forces
(military member).
(b) This section states licensing requirements established
under Texas Occupations Code Chapter 55 (Licensing of Military Service
Members, Military Veterans, and Military Spouses); this section does
not modify any rights provided under federal law.
(c) The spouse of a military member may obtain a Texas
license from the Board by other than the process required by §72.2
of this title (relating to License Application) or have a license
from another jurisdiction recognized by the Board in one of four ways:
(1) The spouse of a military member may be issued a
license to practice chiropractic in Texas if the spouse is currently
licensed in good standing in a jurisdiction with licensing requirements
substantially similar to Texas Occupations Code Chapter 201.
(A) Before issuing a license to practice chiropractic
under paragraph (1) of this subsection, the spouse of a military member
shall provide to the Board:
(i) written notification of the intent to practice
chiropractic in Texas; and
(ii) proof of residency in Texas, including the military
member's permanent change of duty station orders.
(B) Not later than the 10th day after the spouse of
a military member provides the Board with the information required
under subparagraph (A) of this paragraph, the Board shall verify if
the spouse is licensed in good standing in another jurisdiction.
(C) Not later than the 30th day after the spouse of
a military member provides the Board with the information required
under subparagraph (A) of this paragraph, the Board shall issue a
license if the information satisfies the Board.
(D) If the Board approves a license under subparagraph
(A) of this paragraph, the license shall be valid for a period the
same as any biennial license or 12 months from the date of issuance,
whichever is longer.
(2) The Board may issue a license to the spouse of
a military member who previously held a Texas license that expired
while the spouse and the military member lived in another state within
the five years preceding the new application date, and who currently
holds a license in good standing in a jurisdiction with substantially
similar licensing requirements to Texas Occupations Code Chapter 201.
The spouse of a military member seeking a license under this subsection
shall comply with the application requirements of §77.2.
(3) The spouse of a military member who has never held
a license in Texas or any other jurisdiction may apply for a license
by showing professional competency by other means (other than examination
results), to the satisfaction of the executive director, through verified
military service, training, or education.
(4) The spouse of a military member may practice chiropractic
in Texas without obtaining a license from the Board if the spouse
currently holds a license in good standing from another jurisdiction
with licensing requirements substantially similar to those in Texas
Occupations Code Chapter 201.
(A) The spouse of a military member seeking to practice
chiropractic in Texas under paragraph (4) of this subsection shall
provide the Board with:
(i) written notification of the intent to practice
chiropractic in Texas; and
(ii) proof of residency in Texas, including the military
member's permanent change of duty station orders; and
(iii) a copy of the military member's current military
identification card.
(B) Not later than the 30th day after the spouse of
a military member provides the Board with the information required
under subparagraph (A) of this paragraph, the Board shall notify the
spouse of the spouse's authority to practice chiropractic in Texas.
(C) The spouse of a military member who practices chiropractic
under subparagraph (A) of this paragraph may do so only for the time
the military member is permanently stationed in Texas but not to exceed
three years.
(D) In the event of a divorce or a similar event, the
spouse may continue to practice chiropractic in Texas under subparagraph
(A) of this paragraph until the third anniversary of the date the
spouse received the confirmation described in subparagraph (B) of
this paragraph.
(d) The Board shall notify in writing all holders of
licenses issued under this section of the requirements to renew the
license with the Board.
(e) The spouse of a military member practicing in Texas
under this section shall comply with all statutes and Board rules
relating to chiropractic practice and are subject to disciplinary
action by the Board.
(f) The Board shall exempt the spouse of a military
member eligible for a license or the authority to practice under this
section from application and exam fees.
(g) The spouse of a military member seeking a license
or the authority to practice under this section shall undergo a criminal
history background check.
(h) The Board shall maintain and update a list of jurisdictions
with substantially similar licensing requirements as Texas Occupations
Code Chapter 201.
(i) If the Board administratively denies an application
for a license or the authority to practice under this section, an
applicant may appeal the decision to the full Board.
(j) If the full Board denies an application for a license
or the authority to practice under this section, the applicant may
request a hearing at the State Office of Administrative Hearings.
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