| (a) Notwithstanding any other law, a military service
member or military spouse may engage in the practice of occupational
therapy without obtaining the applicable occupational therapy license
if the service member or spouse is currently licensed in good standing
by another jurisdiction of the U.S. that has licensing requirements
that are substantially equivalent to the requirements for the license
in this state.
(b) Before engaging in the practice of occupational
therapy, the military service member or military spouse must:
(1) notify the Board in writing of the following:
(A) the service member's or spouse's intent to practice
in this state;
(B) the service member's or spouse's full name and
any previous last names, social security number, date of birth, phone
number, business phone number, residential address, business address,
mailing address, and email address;
(C) the license type, license number, and jurisdiction
in which the service member or spouse is currently licensed in good
standing; and
(D) a list of all jurisdictions in which the service
member or spouse has held or currently holds a license with the license
type, license number, and license expiration date of each;
(2) submit to the Board proof of the service member's
or spouse's residency in this state and a copy of the service member's
or spouse's military identification card. Proof of residency may include
a copy of the permanent change of station order for the military service
member or, with respect to a military spouse, the permanent change
of station order for the military service member to whom the spouse
is married; and
(3) receive from the Board written confirmation that:
(A) the Board has verified the service member's or
spouse's license in the other jurisdiction; and
(B) the service member or spouse is authorized to engage
in the practice of occupational therapy in accordance with this section.
(c) The military service member or military spouse
shall comply with all other laws and regulations applicable to the
practice of occupational therapy in this state, including all other
laws and regulations in the Occupational Therapy Practice Act and
the Texas Board of Occupational Therapy Examiners Rules. The service
member or spouse may be subject to revocation of the authorization
described by subsection (b)(3)(B) of this section for failure to comply
with these laws and regulations and the Board may notify any jurisdictions
in which the service member or spouse is licensed of the revocation
of such.
(d) A military service member or military spouse may
engage in the practice of occupational therapy under the authority
of this section only for the period during which the military service
member or, with respect to a military spouse, the military service
member to whom the spouse is married is stationed at a military installation
in this state but not to exceed three years from the date the service
member or spouse receives the confirmation described by subsection
(b)(3) of this section.
(e) Notwithstanding subsection (d) of this section,
in the event of a divorce or similar event that affects a person's
status as a military spouse, the spouse may continue to engage in
the practice of occupational therapy under the authority of this section
until the third anniversary of the date the spouse received the confirmation
described by subsection (b)(3) of this section.
(f) During the authorization period described by subsection
(b)(3)(B) of this section, the military service member or military
spouse must:
(1) maintain a current license in good standing in
another jurisdiction that has licensing requirements that are substantially
equivalent to the requirements for the license in this state;
(2) update the Board of any changes to information
as specified in subsections (b)(1)(B)-(C) and (b)(2) of this section
within 30 days of such change(s); and
(3) notify the Board within 30 days of any disciplinary
action taken against the service member or spouse by another jurisdiction.
(g) The Board will identify, with respect to each type
of license issued by the Board, the jurisdictions that have licensing
requirements that are substantially equivalent to the requirements
for the license in this state; and not later than the 30th day after
the receipt of the items described by subsections (b)(1)-(2) of this
section, the Board shall verify that the military service member or
military spouse is licensed in good standing in a jurisdiction of
the U.S. that has licensing requirements that are substantially equivalent
to the requirements for the license in this state.
(h) In this section, "military service member" and
"military spouse" have the meaning as defined in Chapter 55, Texas
Occupations Code, §55.001.
(i) This section establishes requirements and procedures
authorized or required by Chapter 55, Texas Occupations Code, and
does not modify or alter rights that may be provided under federal
law.
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| Source Note: The provisions of this §364.5 adopted to be effective December 1, 2019, 44 TexReg 6899; amended to be effective December 1, 2021, 46 TexReg 7805; amended to be effective December 1, 2023, 48 TexReg 6743 |
