Current through Reg. 49, No. 38; September 20, 2024
(a) This
section applies to an individual who is the spouse of an active duty member of
the United States armed forces (military member).
(b) This section states licensing
requirements established under Texas Occupations Code Chapter 55 (Licensing of
Military Service Members, Military Veterans, and Military Spouses); this
section does not modify any rights provided under federal law.
(c) The spouse of a military member may
obtain a Texas license from the Board by other than the process required by
§
72.2 of this title (relating to
License Application) or have a license from another jurisdiction recognized by
the Board in one of four ways:
(1) The spouse
of a military member may be issued a license to practice chiropractic in Texas
if the spouse is currently licensed in good standing in a jurisdiction with
licensing requirements substantially similar to Texas Occupations Code Chapter
201.
(A) Before issuing a license to practice
chiropractic under paragraph (1) of this subsection, the spouse of a military
member shall provide to the Board:
(i) written
notification of the intent to practice chiropractic in Texas; and
(ii) proof of residency in Texas, including
the military member's permanent change of duty station orders.
(B) Not later than the 10th day
after the spouse of a military member provides the Board with the information
required under subparagraph (A) of this paragraph, the Board shall verify if
the spouse is licensed in good standing in another jurisdiction.
(C) Not later than the 30th day after the
spouse of a military member provides the Board with the information required
under subparagraph (A) of this paragraph, the Board shall issue a license if
the information satisfies the Board.
(D) If the Board approves a license under
subparagraph (A) of this paragraph, the license shall be valid for a period the
same as any biennial license or 12 months from the date of issuance, whichever
is longer.
(2) The Board
may issue a license to the spouse of a military member who previously held a
Texas license that expired while the spouse and the military member lived in
another state within the five years preceding the new application date, and who
currently holds a license in good standing in a jurisdiction with substantially
similar licensing requirements to Texas Occupations Code Chapter 201. The
spouse of a military member seeking a license under this subsection shall
comply with the application requirements of §77.2.
(3) The spouse of a military member who has
never held a license in Texas or any other jurisdiction may apply for a license
by showing professional competency by other means (other than examination
results), to the satisfaction of the executive director, through verified
military service, training, or education.
(4) The spouse of a military member may
practice chiropractic in Texas without obtaining a license from the Board if
the spouse currently holds a license in good standing from another jurisdiction
with licensing requirements substantially similar to those in Texas Occupations
Code Chapter 201.
(A) The spouse of a military
member seeking to practice chiropractic in Texas under paragraph (4) of this
subsection shall provide the Board with:
(i)
written notification of the intent to practice chiropractic in Texas;
and
(ii) proof of residency in
Texas, including the military member's permanent change of duty station orders;
and
(iii) a copy of the military
member's current military identification card.
(B) Not later than the 30th day after the
spouse of a military member provides the Board with the information required
under subparagraph (A) of this paragraph, the Board shall notify the spouse of
the spouse's authority to practice chiropractic in Texas.
(C) The spouse of a military member who
practices chiropractic under subparagraph (A) of this paragraph may do so only
for the time the military member is permanently stationed in Texas but not to
exceed three years.
(D) In the
event of a divorce or a similar event, the spouse may continue to practice
chiropractic in Texas under subparagraph (A) of this paragraph until the third
anniversary of the date the spouse received the confirmation described in
subparagraph (B) of this paragraph.
(d) The Board shall notify in writing all
holders of licenses issued under this section of the requirements to renew the
license with the Board.
(e) The
spouse of a military member practicing in Texas under this section shall comply
with all statutes and Board rules relating to chiropractic practice and are
subject to disciplinary action by the Board.
(f) The Board shall exempt the spouse of a
military member eligible for a license or the authority to practice under this
section from application and exam fees.
(g) The spouse of a military member seeking a
license or the authority to practice under this section shall undergo a
criminal history background check.
(h) The Board shall maintain and update a
list of jurisdictions with substantially similar licensing requirements as
Texas Occupations Code Chapter 201.
(i) If the Board administratively denies an
application for a license or the authority to practice under this section, an
applicant may appeal the decision to the full Board.
(j) If the full Board denies an application
for a license or the authority to practice under this section, the applicant
may request a hearing at the State Office of Administrative Hearings.
