(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.

Source Note: The provisions of this §72.21 adopted to be effective March 21, 2024, 49 TexReg 1709