(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 [A] service member or military
spouse is authorized [shall be issued a license]
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 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: [that has licensing requirements that
are substantially equivalent to the requirements for licensure in
this state;]
(A)has actively used the license
during the two years immediately preceding the date of application;
or
(B)for military spouses only, holds
a license that has licensing requirements that are substantially equivalent
to the requirements for licensure in this state;
[(3)the spouse submits a copy of
the law reflecting the current licensing standards for the relevant
profession in the state where the spouse is licensed, with the relevant
portions highlighted for easy reference;]
(3)[(4)] 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)[(5)] 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 military spouse must submit a copy of
the law reflecting the current licensing standards for the relevant
profession in the state where the 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. [
(relating to Special Provisions Applying to Military Service Members,
Veterans, and Spouses).]
(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 [issued a license] 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 [
license issued] under this rule [is valid] while
the [holder's] service member or military spouse
is stationed at a military installation in this state. [or
for three years from the date of issuance, whichever is less. A license
issued under this rule cannot be renewed or extended.]
(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.
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 June 28, 2023
TRD-202302334 Darrel D. Spinks
Executive Director
Texas Behavioral Health Executive Council
Earliest possible date of adoption: August 13, 2023
For further information, please call: (512) 305-7705
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