| (a) Notwithstanding §882.23 of this chapter and
in accordance with §55.0041 of the Occupations Code and the Veterans
Auto and Education Improvement Act of 2022 (Public Law No. 117-333),
a service member or military spouse is authorized to practice marriage
and family therapy, professional counseling, psychology, or social
work without a license if the person meets each of the following requirements:
(1) the service member or military spouse notifies
the Council on an agency approved form or as directed by agency staff,
of the service member's or military spouse's intent to practice a
particular profession in this state;
(2) the service member or military spouse provides
verification of licensure in good standing in another jurisdiction
in the similar scope of practice and in the discipline applied for
in this state, and:
(A) has actively used the license during the two years
immediately preceding the date of application; or
(B) holds a license that has licensing requirements
that are substantially equivalent to the requirements for licensure
in this state;
(3) the service member or military spouse submits proof
of residency in this state (e.g. copy of a permanent change of station
order) and a copy of the service member's or military spouse's military
identification card; and
(4) the Council provides confirmation to the service
member or military spouse that it has verified the service member's
or military spouse's license in the other jurisdiction and that the
service member or military spouse is authorized to practice a particular
profession.
(b) In order to meet the requirements of subsection
(a)(2)(B) of this section, a service member or military spouse must
submit a copy of the law reflecting the current licensing standards
for the relevant profession in the state where the service member
or military spouse is licensed, with the relevant portions highlighted
for easy reference. The Council shall then determine substantial equivalency
based upon the determinations made by the member boards under §882.60(d)
of this chapter.
(c) The Council may rely upon the following when verifying
licensure under this subsection: official verification received directly
from the other jurisdiction, a government website reflecting active
licensure and good standing, or verbal or email verification directly
from the other jurisdiction.
(d) A service member or military spouse authorized
to practice under this rule is subject to all laws and regulations
in the same manner as a regularly licensed provider.
(e) A service member or military spouse may practice
under this rule while the service member or military spouse is stationed
at a military installation in this state. If the service member or
military spouse relied upon subsection (a)(2)(B) of this section to
obtain authorization to practice, the authority shall extend only
until the third anniversary of the date of confirmation referenced
in subsection (a)(4) of this section.
(f) In order to obtain and maintain the privilege to
practice without a license in this state, a service member or military
spouse must remain in good standing with every licensing authority
that has issued a license to the service member or military spouse
at a similar scope of practice and in the discipline applied for in
this state.
(g) Subsection (a)(2)(A) of this section does not apply
to service members or military spouses that are licensed and able
to operate in this state through an interstate licensure compact.
Service members or military spouses eligible to participate in an
interstate licensure compact may either apply to practice through
the authority of the interstate licensure compact or through other
applicable state law.
(h) Notwithstanding subsection (e) of this section,
in the event of a divorce or similar event (e.g., annulment, death
of spouse) affecting a military spouse's marital status, a military
spouse who relied upon subsection (a)(2)(B) of this section to obtain
authorization to practice may continue to practice under the authority
of this rule until the third anniversary of the date of confirmation
referenced in subsection (a)(4) of this section.
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| Source Note: The provisions of this §882.61 adopted to be effective September 1, 2020, 45 TexReg 4761; amended to be effective February 27, 2022, 47 TexReg 785; amended to be effective September 21, 2023, 48 TexReg 5145 |
