1. (a) Alternative licensing procedure. For the purpose of §55.004, Occupations Code, an applicant for a pharmacist's license who is the spouse of a person serving on active duty as a member of the armed forces of the United States may complete the following alternative procedures for licensing as a pharmacist.

   1. (1) Requirements for licensing by reciprocity. An applicant for licensing by reciprocity who meets all of the following requirements may be granted a temporary license as specified in subsection (b) of this section prior to completing the NABP application for pharmacist license by reciprocity, and taking and passing the Texas Pharmacy Jurisprudence Examination. The applicant shall:

      1. (A) complete the Texas application for pharmacist license by reciprocity that includes the following:

         1. (i) name;
         2. (ii) addresses, phone numbers, date of birth, and social security number; however, if an individual is unable to obtain a social security number, an individual taxpayer identification number may be provided in lieu of a social security number along with documentation indicating why the individual is unable to obtain a social security number; and
         3. (iii) any other information requested on the application;
      2. (B) meet the educational and age requirements as set forth in §283.3 of this title (relating to Educational and Age Requirements);
      3. (C) present to the board proof of initial licensing by examination and proof that any current licenses and any other licenses granted to the applicant by any other state have not been suspended, revoked, canceled, surrendered, or otherwise restricted for any reason;
      4. (D) meet all requirements necessary for the board to access the criminal history records information, including submitting fingerprint information and such criminal history check does not reveal any disposition for a crime that board rule §281.64 of this title (relating to Sanctions for Criminal Offenses) indicates a sanction of denial, revocation, or suspension;
      5. (E) pay the licensing fee set out in §283.9 of this title (relating to Fee Requirements for Licensure by Examination, Score Transfer and Reciprocity); and

      6. (F) provide documentation that the applicant is the spouse of a member of the armed forces of the United States to include:

         1. (i) marriage certificate; and

         2. (ii) military identification indicating that the:

            1. (I) applicant is a military dependent; and
            2. (II) applicant's spouse is on active duty status.

   2. (2) Requirements for an applicant whose Texas pharmacist's license has expired. An applicant whose Texas pharmacist's license has expired within five years preceding the application date and while the applicant lived in another state for at least six months:

      1. (A) shall complete the Texas application for licensing that includes the following:

         1. (i) name;
         2. (ii) addresses, phone numbers, date of birth, and social security number; however, if an individual is unable to obtain a social security number, an individual taxpayer identification number may be provided in lieu of a social security number along with documentation indicating why the individual is unable to obtain a social security number; and
         3. (iii) any other information requested on the application;

      2. (B) shall provide documentation that the applicant is the spouse of a person serving on active duty as a member of the armed forces of the United States to include:

         1. (i) marriage certificate; and
         2. (ii) military identification;
      3. (C) shall pay the renewal fee specified in §295.5 of this title (relating to Pharmacist License Renewal Fees);

      4. (D) shall complete approved continuing education requirements according to the following schedule:

         1. (i) if the Texas pharmacist license has been expired for more than one year but less than two years, the applicant shall complete 15 contact hours of approved continuing education;
         2. (ii) if the Texas pharmacist license has been expired for more than two years but less than three years, the applicant shall complete 30 contact hours of approved continuing education; or
         3. (iii) if the Texas pharmacist license has been expired for more than three years but less than five years, the applicant shall complete 45 contact hours of approved continuing education; and
      5. (E) is not required to take the Texas Pharmacy Jurisprudence Examination.
   3. (3) A temporary license issued under this section is valid for no more than six months and may be extended, if disciplinary action is pending, or upon request, as otherwise determined reasonably necessary by the executive director of the board.
   4. (4) A temporary license issued under this section expires within six months of issuance if the individual fails to pass the Texas Pharmacy Jurisprudence Examination within six months or fails to take the Texas Pharmacy Jurisprudence Examination within six months.
   5. (5) An individual may not serve as pharmacist-in-charge of a pharmacy with a temporary license issued under this subsection.

2. (b) Expedited licensing procedure. For the purpose of §55.005, Occupations Code, an applicant for a pharmacist license who is the spouse of a person serving on active duty as a member of the armed forces of the United States and who holds a current license as a pharmacist issued by another state may complete the following expedited procedures for licensing as a pharmacist. The applicant shall:

   1. (1) meet the educational and age requirements specified in §283.3 of this title (relating to Educational and Age Requirements);
   2. (2) meet all requirements necessary in order for the board to access the criminal history record information, including submitting fingerprint information and being responsible for all associated costs;

   3. (3) complete the Texas and NABP applications for reciprocity. Any fraudulent statement made in the application for reciprocity is grounds for denial of the application; if such application is granted, any fraudulent statement is grounds for suspension, revocation, and/or cancellation of any license so granted by the board. The Texas application includes the following information:

      1. (A) name;
      2. (B) addresses, phone numbers, date of birth, and social security number; however, if an individual is unable to obtain a social security number, an individual taxpayer identification number may be provided in lieu of a social security number along with documentation indicating why the individual is unable to obtain a social security number; and
      3. (C) any other information requested on the application.
   4. (4) shall present to the board proof of initial licensing by examination and proof that their current license and any other license or licenses granted to the applicant by any other state have not been suspended, revoked, canceled, surrendered, or otherwise restricted for any reason; and
   5. (5) shall pass the Texas Pharmacy Jurisprudence Examination with a minimum grade of 75. (The passing grade may be used for the purpose of licensure by reciprocity for a period of two years from the date of passing the examination.) Should the applicant fail to achieve a minimum grade of 75 on the Texas Pharmacy Jurisprudence Examination, such applicant, in order to be licensed, shall retake the Texas Pharmacy Jurisprudence Examination as specified in §283.11 of this title (relating to Examination Retake Requirements) until such time as a minimum grade of 75 is achieved.

Source Note:The provisions of this §283.12 adopted to be effective March 13, 2012, 37 TexReg 1705; amended to be effective December 10, 2013, 38 TexReg 8834.