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(a)The Council adopts by reference the definitions
set forth in Chapter 55 of the Occupations Code.
(b)A license may be issued to a military service
member, military veteran, or military spouse upon proof of one of
the following:
(1)the applicant holds a current license in another
jurisdiction that has licensing requirements that are substantially
equivalent to the requirements for the license sought in this state;
or
(2)within the five years preceding the application
date, the applicant held the license sought in this state.
(c)An applicant applying as a military spouse must
submit proof of marriage to a military service member.
(d)Each member board shall develop and maintain a
method for determining substantial equivalency under subsection (b)
of this section.
(e)As part of the application process, the Executive
Director may waive any prerequisite for obtaining a license, other
than the requirements in subsection (b) of this section, the jurisprudence
examination, and the fingerprint criminal history background check,
if it is determined that the applicant's education, training, and
experience provide reasonable assurance that the applicant has the
knowledge and skills necessary for entry-level practice under the
license sought. When making this determination, the Executive Director
must consult with the relevant member board or its designated application
or licensing committee and consider the board's or committee's input
and recommendations. In the event the Executive Director does not
follow a recommendation of the board or committee, the Executive Director
must submit a written explanation to the board or committee explaining
why its recommendation was not followed. No waiver may be granted
where a military service member or military veteran holds a license
issued by another jurisdiction that has been restricted, or where
the applicant has a disqualifying criminal history.
(f)Each member board may develop and maintain alternate
methods for a military service member, military veteran, or military
spouse to demonstrate competency in meeting the requirements for obtaining
a license, including receiving appropriate credit for training,
education, and professional experience.
(g)Each member board shall develop and maintain a
method for applying credit toward license eligibility requirements
for applicants who are military service members or military veterans
with verifiable military service, training, or education. An applicant
may not receive credit toward licensing requirements under this subsection
if the applicant holds another license that has been restricted, or
the applicant has a disqualifying criminal history.
(h)The initial renewal date for a license issued
pursuant to this rule shall be set in accordance with the agency's
rule governing initial renewal dates.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on November 29, 2021
TRD-202104735 Darrel D. Spinks
Executive Director
Texas Behavioral Health Executive
Council
Earliest possible date of adoption: January 2, 2022
For further information, please call: (512) 305-7706
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