(a) For the purposes of this section, the definitions in Texas Occupations Code Chapter 55 are hereby adopted by reference. This section establishes requirements and procedures authorized or required by Texas Occupations Code Chapter 55 and does not modify or alter rights that may be provided under federal law.
(b) This section applies to all licenses issued by the Department of State Health Services (department) under authority granted by the Texas Health and Safety Code or Texas Occupations Code.
(c) Notwithstanding any other rule, a military service member, military spouse, or military veteran may apply for an occupational license offered by the department if the military service member, military spouse, or military veteran:
  (1) is currently licensed by another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state, and the license is in good standing; or
  (2) held the same license in Texas within the preceding five years.
(d) A military service member or military spouse must provide proof of residency in this state. This requirement is satisfied by providing a copy of the permanent change-of-station order assigning the military service member to a military installation in Texas.
(e) An applicant requesting a license under this section must meet all requirements for obtaining the license, including receiving appropriate credit for training, education, and professional experience.
(f) The department will review and evaluate the following criteria, if relevant to a Texas license, when determining whether another jurisdiction's licensing requirements are substantially equivalent to the requirements for a license under the statutes and regulations of this state.
  (1) Whether the other jurisdiction requires an applicant to pass an examination that demonstrates competence in the field.
  (2) Whether the other jurisdiction requires an applicant to meet any experience qualifications.
  (3) Whether the other jurisdiction requires an applicant to meet any education qualifications.
  (4) The other jurisdiction's license requirements, including the scope of work authorized under the license.
(g) The department will not charge a fee for the issuance of the license. The applicant will be responsible for fees associated with a required background check.

Source Note: The provisions of this §1.91 adopted to be effective December 1, 2023, 48 TexReg 6915