1. (a) For the purposes of this section, the definitions found in Texas Occupations Code §55.001 are hereby adopted by reference.
2. (b) This section applies to all licenses to engage in a business or occupation which the Health and Human Services Commission (HHSC) issues to an individual under authority granted by the laws of the State of Texas, unless a more specific rule concerning recognition of out-of-state licenses of military spouses applies to a license type issued by HHSC.

3. (c) A 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 spouse:

   1. (1) is currently licensed in good standing by another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state;
   2. (2) notifies HHSC in writing of the spouse's intent to practice in this state;
   3. (3) submits to HHSC proof of the spouse's residency in this state and a copy of the spouse's military identification card; and

   4. (4) receives a verification letter from HHSC that:

      1. (A) HHSC has verified the spouse's license in the other jurisdiction; and
      2. (B) the spouse is authorized to engage in the business or occupation in accordance with Texas Occupations Code §55.0041 and rules for that business or occupation.

4. (d) HHSC will review and evaluate the following criteria, if relevant to a Texas license, when determining whether another state's licensing requirements are substantially equivalent to the requirements for a license under the statutes and regulations of this state:

   1. (1) whether the other state requires an applicant to pass an examination that demonstrates competence in the field in order to obtain the license;
   2. (2) whether the other state requires an applicant to meet any experience qualifications in order to obtain the license;
   3. (3) whether the other state requires an applicant to meet any education qualifications in order to obtain the license; and
   4. (4) the other state's license requirements, including the scope of work authorized to be performed under the license issued by the other state.

5. (e) The military spouse must submit:

   1. (1) a written request to HHSC for recognition of the spouse's license issued by the other state; no fee will be required;
   2. (2) any form and additional information regarding the license issued by the other state required by the rules of the specific program or division within HHSC that licenses the business or occupation;
   3. (3) proof of residency in this state;
   4. (4) a copy of the military spouse's identification card; and
   5. (5) proof the military service member is stationed at a military installation in Texas.
6. (f) Upon verification from the licensing jurisdiction of the military spouse's license and if the license is substantially equivalent to a Texas license, HHSC shall issue a verification letter recognizing the licensure as the equivalent license in this state.
7. (g) The verification letter will expire three years from date of issuance or when the military service member is no longer stationed at a military installation in Texas, whichever comes first. The verification letter may not be renewed.
8. (h) A replacement letter may be issued after receiving a request for a replacement letter in writing or on a form, if any, required by the rules of the specific program or division within HHSC that licenses the business or occupation; no fee will be required.
9. (i) The military spouse shall comply with all applicable laws, rules, and standards of this state, including applicable Texas Health and Safety Code chapters and all relevant Texas Administrative Code provisions.

10. (j) HHSC may withdraw or modify the verification letter for reasons including the following:

    1. (1) the military spouse fails to comply with subsection (i) of this section; or
    2. (2) the military spouse's licensure required under subsection (c)(1) of this section expires or is suspended or revoked in another jurisdiction.

Source Note:The provisions of this §351.3 adopted to be effective December 5, 2019, 44 TexReg 7375.