1. (a) This section uses the definitions in Texas Occupations Code (TOC) Chapter 55. This section makes rules based on TOC Chapter 55 and does not change or affect rights under federal law.
2. (b) This section applies to all licenses to engage in a business or occupation which the Texas Department of State Health Services (DSHS) issues to an individual under authority granted by the laws of the State of Texas. A more specific rule concerning alternative licensing for military service members, military spouses, and military veterans 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) Notwithstanding any other rule, DSHS may issue a license or provisional license to an applicant who is a military service member, military spouse, or military veteran if the military service member, military spouse, or military veteran:

   1. (1) holds a current license issued by another state that is similar in scope of practice to the license in Texas and is in good standing, as defined by subsection (d) of this section, with that state's licensing authority; or
   2. (2) has had the same Texas license within the preceding five years.

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) DSHS may waive any requirement to obtaining a license for an applicant described by subsection (c) of this section after reviewing the applicant's credentials.

6. (f) If an applicant described by subsection (c) of this section must demonstrate competency to meet the requirements for obtaining the license, DSHS may accept alternate forms of competency, including:

   1. (1) proof of a passing score for any national exams required to obtain the occupational license;
   2. (2) proof of duration or hours that meet the professional experience requirement, if specific professional experience is required; and
   3. (3) proof of verified hours related to training experience, if specific training hours are required to obtain the license.
7. (g) On receipt of a complete application for alternative licensing, DSHS issues a provisional license pending the issuance of a license. A provisional license may not be renewed.

8. (h) A provisional license issued under subsection (g) of this section expires on the earlier of:

   1. (1) the date DSHS approves or denies the provisional license holder's license application; or
   2. (2) the 180th day after the date DSHS issues the provisional license.
9. (i) DSHS has 10 business days from the date a military service member, military spouse, or military veteran submits an application for alternative licensing to process the application and issue a license to an applicant who qualifies for the license.
10. (j) The department does not charge for the license. However, the applicant is responsible for any required costs paid to third-party vendors, such as costs for criminal background checks.

Source Note:The provisions of this §1.91 adopted to be effective December 1, 2023, 48 TexReg 6915; amended to be effective December 1, 2025, 50 TexReg 7575.