| (a) For the purposes of this section, the definitions
in Texas Occupations Code Chapter 55 are hereby adopted by reference.
This section establishes requirements and procedures authorized or
required by Texas Occupations Code Chapter 55, and does not modify
or alter rights that may be provided under federal law.
(b) This section applies to all licenses and verifications
issued by the Department of State Health Services (department) under
authority granted by the Texas Health and Safety Code or Texas Occupations
Code.
(c) Notwithstanding any other rule, a military service
member or military spouse may engage in a business or occupation as
if licensed in the State of Texas without obtaining the applicable
license in Texas, if the military service member or military spouse:
(1) is currently licensed in good standing by another
jurisdiction that has licensing requirements substantially equivalent
to the requirements of a license in this state;
(2) notifies the department, in writing, of the military
service member's or military spouse's intent to practice in this state;
(3) submits proof of the military service member's
or military spouse's residency in this state and a copy of the military
service member or military spouse's military identification card;
and
(4) receives from the department a verification letter
that:
(A) the department has verified the military service
member's or military spouse's license in another jurisdiction; and
(B) the military service member or military spouse
is authorized to engage in the business or occupation in accordance
with the Texas statutes and rules for that business or occupation.
(d) To receive a verification letter, the military
service member or military spouse, must submit:
(1) a request to the department for recognition of
the military service member's or military spouse's license issued
by the other jurisdiction, on a form prescribed by the department;
(2) proof of residency in this state, which may include
a copy of the permanent change-of-station order for the military service
member;
(3) a copy of the military service member's or military
spouse's military identification card; and
(4) proof the military service member is stationed
at a military installation in Texas.
(e) The department has 30 days from the date a military
service member or military spouse submits a request complying with
subsection (d) of this section to verify that the military service
member or military spouse is licensed in good standing in a jurisdiction
that has licensing requirements that are substantially equivalent
to the requirements for a license under the statutes and regulations
of this state. Upon verification, the department shall issue a verification
letter recognizing the licensure as the equivalent license in this
state.
(f) The verification letter will expire three years
from date of issuance or when the military service member is no longer
stationed at a military installation in Texas, whichever comes first.
The verification letter may not be renewed.
(g) In the event of a divorce or similar event that
affects a person's status as a military spouse, the former military
spouse that received a verification under subsection (d) of this section,
may continue to engage in the business or occupation under the authority
of this section until the third anniversary of the date the spouse
received the verification letter described by subsection (e) of this
section.
(h) The military service member or military spouse
shall comply with all applicable laws, rules, and standards of this
state, including applicable Texas Health and Safety Code, Texas Occupations
Code, and all relevant Texas Administrative Code provisions.
(i) The department may revoke the verification letter
at its discretion. Grounds for revocation include:
(1) the military service member or military spouse
fails to comply with subsection (h) of this section; or
(2) the military service member's or military spouse's
license required under subsection (c)(1) of this section expires or
is suspended or revoked in another jurisdiction.
(j) The department will review and evaluate the following
criteria, if relevant to a Texas license, when determining whether
another jurisdiction's licensing requirements are substantially equivalent
to the requirements for a license under the statutes and regulations
of this state.
(1) Whether the other jurisdiction requires an applicant
to pass an examination that demonstrates competence in the field.
(2) Whether the other jurisdiction requires an applicant
to meet any experience qualifications.
(3) Whether the other jurisdiction requires an applicant
to meet any education qualifications.
(4) The other jurisdiction's license requirements,
including the scope of work authorized by the license.
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