1. (a) This section uses the same definitions as found in Texas Occupations Code Chapter 55. The requirements and steps in this section follow what Texas Occupations Code Chapter 55 allows or requires. This section does not change or affect any rights given by federal law.
2. (b) This section applies to all licenses to engage in a business or occupation which the Texas Health and Human Services Commission (HHSC) issues to an individual under authority granted by the laws of the State of Texas. A more specific rule concerning recognition of out-of-state licenses of military service members and military spouses may also apply but only to the extent the more specific rule does not conflict with this rule. Any conflicts between this rule and the more specific rule are resolved in favor of this rule.

3. (c) A military service member or military spouse may engage in a business or occupation as if licensed in the State of Texas without obtaining the applicable license in Texas if the military service member or military spouse:

   1. (1) currently holds a license similar in scope of practice issued by the licensing authority of another state and is in good standing with that state's licensing authority; and

   2. (2) submits an application to HHSC in the manner required by the HHSC rules governing that business or occupation. HHSC does not charge any application fees, but the applicant may still be responsible for paying costs to third-party vendors, such as costs for criminal background checks. The application must include:

      1. (A) a copy of the member's military orders showing relocation to Texas;
      2. (B) a copy of the military spouse's marriage license, if the applicant is a military spouse; and

      3. (C) a notarized affidavit affirming under penalty of perjury that:

         1. (i) the applicant is the person described and identified in the application;
         2. (ii) all statements in the application are true, correct, and complete;
         3. (iii) the applicant understands the scope of practice for the applicable license in Texas and will not perform outside of that scope of practice; and
         4. (iv) the applicant is in good standing, as defined by subsection (d) of this section, in each state in which the applicant holds or has held an applicable license.

4. (d) For purposes of this section, a person is in good standing with another state's licensing authority if the person:

   1. (1) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;
   2. (2) has not been disciplined by the licensing authority with respect to the license or person's practice of the occupation for which the license is issued; and
   3. (3) is not currently under investigation by the licensing authority for unprofessional conduct related to the person's license or profession.

5. (e) Not later than the 10th business day after HHSC receives an application under subsection (c)(2) of this section, HHSC notifies the applicant that:

   1. (1) HHSC recognizes the applicant's out-of-state license;
   2. (2) the application is incomplete; or
   3. (3) HHSC is unable to recognize the applicant's out-of-state license because HHSC does not issue a license similar in scope of practice to the applicant's license.
6. (f) On receipt of the information required by subsection (c)(2) of this section, HHSC issues a provisional license to the applicant.

7. (g) A provisional license issued under subsection (f) of this section may not be renewed. The provisional license expires on the earlier of:

   1. (1) the date the agency issues or denies the recognition under subsection (e) of this section; or
   2. (2) the 180th day after the date HHSC issues the provisional license.

8. (h) HHSC reviews and evaluates the following criteria, if relevant to a Texas license, when determining whether another state issues a license that is similar in scope of practice to a license HHSC issues:

   1. (1) the activities the person is authorized to perform under the out-of-state license;
   2. (2) whether the out-of-state license authorizes the person to work with a similar population and in a similar setting as a Texas license;
   3. (3) whether a similar level of supervision or oversight is required under the out-of-state license; and
   4. (4) any other relevant factor.
9. (i) A military service member or military spouse may engage in the business or occupation 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 Texas.
10. (j) In the event of a divorce or similar event that affects a person's status as a military spouse, the former spouse may continue to engage in the business or occupation under the authority of this section until the third anniversary of the date the spouse submitted the application required by subsection (c)(2) of this section. A similar event includes the death of the military service member or the military service member's discharge from the military. If the former spouse decides to keep practicing in Texas, the former spouse must obtain a Texas license.
11. (k) The military service member or military spouse shall comply with all applicable laws, rules, and standards of Texas, including applicable Texas Health and Safety Code chapters and all relevant Texas Administrative Code provisions.

Source Note:The provisions of this §351.3 adopted to be effective December 5, 2019, 44 TexReg 7375; amended to be effective December 1, 2023, 48 TexReg 6883; amended to be effective December 1, 2025, 50 TexReg 7697.