| (a) For the purposes of this section, the definitions
found in Texas Occupations Code §55.001 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 to engage
in a business or occupation which the Texas Health and Human Services
Commission (HHSC) issues to an individual under authority granted
by the laws of the State of Texas. A more specific rule concerning
alternative licensing for military service members, military spouses,
and military veterans may also apply but only to the extent the more
specific rule does not conflict with this rule. Any conflicts between
this rule and the more specific rule are resolved in favor of this
rule.
(c) Notwithstanding any other rule, HHSC may issue
a license to an applicant who is a military service member, military
spouse, or military veteran if the military service member, military
spouse, or military veteran:
(1) is currently licensed in good standing with another
jurisdiction that has licensing requirements substantially equivalent
to the requirements of a license in this state; or
(2) held the same license in Texas within the preceding
five years.
(d) HHSC may waive any requirement to obtaining a license
for an applicant described by subsection (c) of this section after
reviewing the applicant's credentials.
(e) If an applicant described by subsection (c) of
this section must demonstrate competency to meet the requirements
for obtaining the license, HHSC may accept alternate forms of competency
including:
(1) proof of a passing score for any national exams
required to obtain the occupational license;
(2) if specific professional experience is required,
proof of duration or hours that meet the professional experience requirement;
and
(3) if specific training hours are required for obtaining
the license, proof of verified hours related to training experience.
(f) If required by the specific program or division
within HHSC that licenses the business or occupation, a military service
member or military spouse must provide proof of residency in this
state, which may include a copy of the permanent change-of-station
order for the military service member or any other documentation HHSC
deems appropriate to verify residency.
(g) HHSC has 30 days from the date a military service
member, military spouse, or military veteran submits an application
for alternative licensing to process the application and issue a license
to an applicant who qualifies for the license.
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