(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.
Source Note: The provisions of this §72.22 adopted to be effective March 21, 2024, 49 TexReg 1711