| (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 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, military spouse, or military veteran may apply for an occupational
license offered by the department if the military service member,
military spouse, or military veteran:
(1) is currently licensed by another jurisdiction that
has licensing requirements substantially equivalent to the requirements
of a license in this state, and the license is in good standing; or
(2) held the same license in Texas within the preceding
five years.
(d) A military service member or military spouse must
provide proof of residency in this state. This requirement is satisfied
by providing a copy of the permanent change-of-station order assigning
the military service member to a military installation in Texas.
(e) An applicant requesting a license under this section
must meet all requirements for obtaining the license, including receiving
appropriate credit for training, education, and professional experience.
(f) 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 under the license.
(g) The department will not charge a fee for the issuance
of the license. The applicant will be responsible for fees associated
with a required background check.
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