Current through Reg. 49, No. 38; September 20, 2024
(a)
This section applies to an individual who is an active duty member of the
United States armed forces (military member) or a veteran.
(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) 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) A military
member or veteran may be issued a license to practice chiropractic in Texas if
the military member or veteran is currently licensed in good standing in a
jurisdiction with licensing requirements substantially similar to Texas
Occupations Code Chapter 201.
(A) Before
practicing chiropractic under paragraph (1) of this subsection, a military
member or veteran 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 member's permanent change of duty station orders.
(B) Not later than the 10th day after a
military member or veteran provides the Board with the information required
under subparagraph (A) of this paragraph, the Board shall verify if the
military member or veteran is licensed in good standing in another
jurisdiction.
(C) Not later than
the 30th day after a military member or veteran 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
subsection (c) of this section, 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 a military member or veteran who previously held a Texas
license that expired while the military member or veteran lived in another
state for at least six months within the five years preceding the application
date and the military. A military member or veteran seeking a license under
this subsection shall comply with the application requirements of
§77.2.
(3) A military member
or veteran 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) A military member only may practice
chiropractic in Texas without obtaining a license from the Board if the
military member currently holds a license in good standing from another
jurisdiction with licensing requirements substantially similar to those in
Texas Occupations Code Chapter 201.
(A) A
military member seeking the authority 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 member's permanent change of duty station orders; and
(iii) a copy of the military member's current
active duty military identification card.
(B) Not later than the 30th day after a
military member provides the Board with the information required under
subparagraph (A) of this paragraph, the Board shall notify the military member
that the member has the authority to practice chiropractic in Texas.
(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 Board shall maintain and update a
list of jurisdictions with substantially similar licensing requirements as
Texas Occupations Code Chapter 201.
(f) The Board shall exempt a military member
or veteran eligible for a license under this section from application and exam
fees.
(g) The Board shall exempt a
military member or veteran from any fee or penalty for failing to timely renew
a license if the failure was due to active duty military service.
(h) A military member or veteran seeking a
license or authority to practice under this section shall undergo a criminal
history background check.
(i) A
military member or veteran practicing in Texas under this section shall comply
with all statutes and Board rules relating to chiropractic practice and is
subject to disciplinary action by the Board.
(j) If the Board administratively denies an
application for a license under subsection (c) of this section, an applicant
may appeal the decision to the full Board.
(k) If the full Board denies an application
for a license under subsection (c) of this section, the applicant may request a
hearing at the State Office of Administrative Hearings.
