40 Tex. Admin. Code § 364.5 - Recognition of Out-of-State License of Military Service Members and Military Spouses
(a) Notwithstanding
any other law, a military service member or military spouse may engage in the
practice of occupational therapy without obtaining the applicable occupational
therapy license if the service member or spouse is currently licensed in good
standing by another jurisdiction of the U.S. that has licensing requirements
that are substantially equivalent to the requirements for the license in this
state.
(b) Before engaging in the
practice of occupational therapy, the military service member or military
spouse must:
(1) notify the Board in writing
of the following:
(A) the service member 's or
spouse's intent to practice in this state;
(B) the service member 's or spouse's full
name and any previous last names, social security number, date of birth, phone
number, business phone number, residential address, business address, mailing
address, and email address;
(C) the
license type, license number, and jurisdiction in which the service member or
spouse is currently licensed in good standing; and
(D) a list of all jurisdictions in which the
service member or spouse has held or currently holds a license with the license
type, license number, and license expiration date of each;
(2) submit to the Board proof of the service
member 's or spouse's residency in this state and a copy of the service member 's
or spouse's military identification card. Proof of residency may include a copy
of the permanent change of station order for the military service member or,
with respect to a military spouse, the permanent change of station order for
the military service member to whom the spouse is married; and
(3) receive from the Board written
confirmation that:
(A) the Board has verified
the service member 's or spouse's license in the other jurisdiction;
and
(B) the service member or
spouse is authorized to engage in the practice of occupational therapy in
accordance with this section.
(c) The military service member or military
spouse shall comply with all other laws and regulations applicable to the
practice of occupational therapy in this state, including all other laws and
regulations in the Occupational Therapy Practice Act and the Texas Board of
Occupational Therapy Examiners Rules . The service member or spouse may be
subject to revocation of the authorization described by subsection (b)(3)(B) of
this section for failure to comply with these laws and regulations and the
Board may notify any jurisdictions in which the service member or spouse is
licensed of the revocation of such.
(d) A military service member or military
spouse may engage in the practice of occupational therapy under the authority
of this section only for the period during which the military service member
or, with respect to a military spouse, the military service member to whom the
spouse is married is stationed at a military installation in this state but not
to exceed three years from the date the service member or spouse receives the
confirmation described by subsection (b)(3) of this section.
(e) Notwithstanding subsection (d) of this
section, in the event of a divorce or similar event that affects a person 's
status as a military spouse, the spouse may continue to engage in the practice
of occupational therapy under the authority of this section until the third
anniversary of the date the spouse received the confirmation described by
subsection (b)(3) of this section.
(f) During the authorization period described
by subsection (b)(3)(B) of this section, the military service member or
military spouse must:
(1) maintain a current
license in good standing in another jurisdiction that has licensing
requirements that are substantially equivalent to the requirements for the
license in this state;
(2) update
the Board of any changes to information as specified in subsections
(b)(1)(B)-(C) and (b)(2) of this section within 30 days of such change(s);
and
(3) notify the Board within 30
days of any disciplinary action taken against the service member or spouse by
another jurisdiction.
(g)
The Board will identify, with respect to each type of license issued by the
Board , the jurisdictions that have licensing requirements that are
substantially equivalent to the requirements for the license in this state; and
not later than the 30th day after the receipt of the items described by
subsections (b)(1)-(2) of this section, the Board shall verify that the
military service member or military spouse is licensed in good standing in a
jurisdiction of the U.S. that has licensing requirements that are substantially
equivalent to the requirements for the license in this state.
(h) In this section, "military service
member " and "military spouse" have the meaning as defined in Chapter 55, Texas
Occupations Code, §55.001.
(i)
This section establishes requirements and procedures authorized or required by
Chapter 55, Texas Occupations Code, and does not modify or alter rights that
may be provided under federal law.
Notes
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