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

40 Tex. Admin. Code § 364.5

Adopted by Texas Register, Volume 44, Number 45, November 8, 2019, TexReg 6899, eff. 12/1/2019; Amended by Texas Register, Volume 46, Number 46, November 12, 2021, TexReg 7805, eff. 12/1/2021; Amended by Texas Register, Volume 48, Number 46, November 17, 2023, TexReg 6743, eff. 12/1/2023