Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter H - LICENSE AND REGISTRATION PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES › Section 296.131 - Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter establishes licensing
											  procedures for military service members, military veterans, and military spouses, in accordance with
											  Occupations Code, Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses.
											  A military spouse does not need to obtain a license under this chapter if the spouse meets the requirements
											  of §
										1.81 of this title (relating to Recognition of Out-of-State
											  License of Military Spouse) and receives a verification letter from DSHS. A military spouse that receives a
											  verification letter must comply with all applicable requirements of this chapter and is subject to the
											  revocation provisions of §
										1.81(h) of this title.
(b) An applicant under this section must provide documentation of the
											  applicant's status as a military service member, military veteran, or military spouse, as those terms are
											  defined in Occupations Code §
										55.001. Acceptable documentation includes a copy
											  of official documents, such as an applicable military service order, marriage license, or military discharge
											  record. The applicant who fails to provide appropriate documentation under this subchapter is not eligible to
											  be processed under this subchapter and is subject to routine licensing requirements under Subchapter D of
											  this chapter (relating to License and Registration).
(c) Upon
											  request, an applicant must provide acceptable proof of current license issued by another jurisdiction and
											  proof that the licensing requirements of that jurisdiction are substantially equivalent to the licensing
											  requirements of Texas.
(d) A verified military service member or
											  military veteran must receive credit towards licensing or apprenticeship requirements, except for an
											  examination requirement, for verified military service, training, or education that is relevant to the
											  license, unless the service member or veteran holds a restricted license issued by another
											  jurisdiction.
(e) An applicant who is a military service member,
											  military veteran, or military spouse, and who holds a current license issued by another jurisdiction that has
											  substantially equivalent licensing requirements to the Texas license for which the applicant is applying must
											  complete and submit an application form and fee.
(f) In
											  accordance with Occupations Code, §
										55.004(c), DSHS may waive any
											  prerequisite to obtaining a license after reviewing the credentials of an applicant who is eligible to apply
											  under subsection (e) or (g) of this section. A DSHS license is issued as soon as practicable to any qualified
											  applicant who applies under subsection (e) or (g) of this section. Renewal of the license is subject to the
											  requirements of subsection (h) of this section.
(g) A military
											  service member, military veteran, or military spouse who, within the five years preceding the application
											  date, held a Texas license that expired while the applicant lived in another state for at least six months,
											  is qualified for the same license based on the previously held license if there are no unresolved complaints
											  against the applicant and there is no other bar to licensure, such as noncompliance with a DSHS order. The
											  applicant must prove current accreditation.
(h) If DSHS issues an
											  initial license to an applicant who is a military service member, military veteran, or military spouse who
											  applies under subsection (e) of this section, the applicant is also notified in writing or by electronic
											  means whether the applicant has met all the licensing requirements of Texas by virtue of the current license
											  issued by another jurisdiction, including any licensing requirements still required to be completed in order
											  to renew the license. If the applicant has not met all licensing requirements of Texas for the applicable
											  license type, the applicant must provide proof of completion before applying for license renewal. The license
											  is not eligible for renewal unless the applicant provides proof of completion of all Texas licensing
											  requirements for the applicable license.
(i) The term of a
											  license issued under this subchapter is two years. The license expires on the second anniversary of the issue
											  date. The term of a renewal license issued under this subchapter is two years after the previous expiration
											  date.
(j) Examination and license application fees otherwise
											  required to be paid to DSHS are waived for:
(1) a military service member
											  or military veteran applicant whose military service, training, or education substantially meets all
											  applicable requirements for the license under this chapter; or
(2) a military service member, military veteran, or military spouse
											  applicant who holds a current license issued by another jurisdiction that has licensing requirements that are
											  substantially equivalent to the requirements for the license under this subchapter.