1. (a) Notwithstanding any other law, a military service member or military spouse may engage in the practice of occupational therapy without obtaining the applicable occupational therapy license if the service member or spouse currently holds a license similar in scope of practice issued by the licensing authority of another state of the U.S. and is in good standing with that licensing authority.

2. (b) Before engaging in the practice of occupational therapy, the military service member or military spouse must:

   1. (1) submit a completed application in the manner prescribed by the Board that includes:

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

      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 license in this state and will not perform outside of that scope of practice; and

         4. (iv) the applicant is in good standing in each state in which the applicant holds or has held an occupational therapy license. For purposes of this subsection, a person is in good standing with another state's licensing authority if the person:

            1. (I) 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. (II) has not been disciplined by the licensing authority with respect to the license or person's practice of occupational therapy; and
            3. (III) is not currently under investigation by the licensing authority for unprofessional conduct related to the person's license or occupational therapy.
   2. (2) receive notification that the Board recognizes the applicant's out-of-state license.

3. (c) Not later than the 10th business day after the date the Board receives an application under subsection (b)(1) of this section, the Board shall promptly notify the applicant that:

   1. (1) the Board recognizes the applicant's out-of-state license;
   2. (2) the application is incomplete; or
   3. (3) the Board is unable to recognize the applicant's out-of-state license because the Board does not issue a license similar in scope of practice to the applicant's license.
4. (d) The military service member or military spouse shall comply with all other laws and regulations applicable to the practice of occupational therapy in this state, including all other laws and regulations in the Occupational Therapy Practice Act and the Texas Board of Occupational Therapy Examiners Rules. The military service member or military spouse may be subject to revocation of the authorization described by subsection (b)(2) of this section for failure to comply with these laws and regulations and the Board may notify any jurisdictions in which the military service member or military spouse is licensed of the revocation of such.
5. (e) A military service member or military spouse may engage in the practice of occupational therapy 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 this state.
6. (f) 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 practice of occupational therapy under the authority of this section until the third anniversary of the date the spouse submitted the application required by subsection (b)(1) of this section.

7. (g) During the authorization period described by subsection (b)(2) of this section, the military service member or military spouse must:

   1. (1) hold a license similar in scope of practice issued by the licensing authority of another state of the U.S. and be in good standing in each state in which the applicant holds or has held an occupational therapy license;
   2. (2) update the Board within 30 days of any changes to information submitted pursuant to subsection (b)(1) of this section; and
   3. (3) notify the Board of any judgment or settlement in a malpractice claim or any disciplinary action taken against the licensee by a licensing authority of another territory or state of the U.S. within 30 days after the judgment, settlement, or disciplinary action is signed.
8. (h) With respect to each type of license issued by the Board, the Board will publish on its website the states that issue licenses similar in scope to those issued by the Board.
9. (i) The Board shall maintain a record of each complaint made against a military service member, military veteran, or military spouse who holds an out-of-state license the Board recognizes under this section. The Board shall publish at least quarterly on its website the information maintained under this subsection, including a general description of the disposition of each complaint.
10. (j) In this section, "military service member" and "military spouse" have the meaning as defined in Chapter 55, Texas Occupations Code, §55.001.
11. (k) This section establishes requirements and procedures authorized or required by Chapter 55, Texas Occupations Code, and does not modify or alter rights that may be provided under federal law.

Source Note:The provisions of this §364.5 adopted to be effective December 1, 2019, 44 TexReg 6899; amended to be effective December 1, 2021, 46 TexReg 7805; amended to be effective December 1, 2023, 48 TexReg 6743; amended to be effective December 1, 2025, 50 TexReg 7579.