1. (a) An individual may apply for a provisional license under the following circumstances:

   1. (1) The applicant must be licensed in good standing as a doctor of chiropractic in another state, the District of Columbia, or a territory of the United States, that has licensing requirements that are substantially equivalent to the requirements of the Texas Chiropractic Act, and must furnish proof of such licensure on board forms provided. For the purposes of this chapter, the term "substantially equivalent" means that the jurisdiction from which the doctor is requesting provisional licensure has equivalent practices and requirements in the following areas:

      1. (A) scope of practice;
      2. (B) continuing education;
      3. (C) license renewal;
      4. (D) enforcement practices;
      5. (E) examination requirements;
      6. (F) undergraduate education requirements;
      7. (G) chiropractic education requirements.
   2. (2) The applicant must have passed the National Board of Chiropractic Examiners Examination Part I, II, III, and Physiotherapy, or the National Board of Chiropractic Examiners SPEC Examination with a grade of 375 or better and must request a true and correct copy of the applicant's score report be sent directly to the Texas Board of Chiropractic Examiners.
   3. (3) The applicant must not have failed a licensure exam conducted by the board within the 10 years immediately preceding the date of application for a provisional license.
   4. (4) The application must be accompanied by the affidavit required by the Texas Chiropractic Act, §9(a).

2. (b) Sponsorship. A candidate for provisional licensure must be sponsored by a doctor of chiropractic who is currently licensed by the board with the following conditions applicable.

   1. (1) Prior to practice in Texas, on forms provided by the board, the sponsor licensee will certify to the board the following:

      1. (A) that such candidate will be working within the same office as the licensee, under direct supervision of the sponsor licensee;
      2. (B) that such sponsor licensee is aware of the Texas Chiropractic Act and rules governing provisional licensure and that the sponsorship will cease upon the invalidity of the provisional license.
   2. (2) Sponsor licensee will be held responsible for the unauthorized practice of chiropractic should such provisional license expire.
3. (c) The applicant must have practiced chiropractic for two years prior to applying for Texas license.
4. (d) The application must be completed within one year of initial application date.
5. (e) The applicant must have been licensed by examination in the jurisdiction from which the applicant desires a provisional license.
6. (f) Hardship. An applicant for a provisional license may be excused from the requirements of sponsorship if the Board determines that compliance constitutes a hardship to the applicant.

7. (g) Application and fee.

   1. (1) The candidate for provisional licensure will be subject to all application requirements required by §71.2 of this title (relating to Application for Licensure) and subject to the applicable fees established under §75.7 of this title (relating to Chiropractic Fees).
   2. (2) No provisional license can be issued until all application forms and fees are received in the Board Office and the application is approved.
   3. (3) A provisional license expires upon the earlier to occur of the passage of 180 days or notice by the board of the candidate's successful passage or failure of any or all examinations required. It shall be the responsibility of the candidate and sponsor to return the provisional license to the Board Office upon expiration.
   4. (4) The candidate's failure to sit for the first scheduled board examination following application for examination invalidates the provisional license, unless in the discretion of the board, sufficient and reasonable evidence regarding nonappearance exists.
   5. (5) Each candidate for provisional license shall receive only one nonrenewable license prior to the issuance of a chiropractic license.
   6. (6) The holder of a provisional license must sit for and pass the jurisprudence part of the Texas Examination with a grade of 75% or better during the term of the provisional license.
8. (h) If at any time during the provisional licensure period it is determined that the holder of such provisional license has violated the Texas Chiropractic Act or board rules, such provisional license will be subject to termination.

Source Note:The provisions of this §79.1 adopted to be effective April 8, 1996, 21 TexReg 2542; amended to be effective December 8, 1997, 22 TexReg 12050; amended to be effective December 6, 1998, 23 TexReg 11953.