Section 140.433 - Licensing, Certification, or Registration of Military Service Members, Military Spouses, and Military Veterans(a) This section sets out licensing procedures applicable to military service members, military spouses, and military veterans, pursuant to Texas Occupations Code Chapter 55 and does not modify or alter rights that may be provided under federal law. For purposes of this section: (1) "Active duty" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Texas Government Code § 437.001, or similar military service of another state.(2) "Alternative licensing" means the process under the Texas Health and Human Services Commission (HHSC) rule at 1 Texas Administrative Code (TAC) §351.6 (relating to Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans) by which HHSC may issue a license to a military service member, military spouse, or military veteran who is currently licensed in good standing with another jurisdiction or has held the same license in Texas within the preceding five years.(3) "Armed forces of the United States" means the Army, Navy, Air Force, Space Force, Coast Guard, or Marine Corps of the United States or a reserve unit of one of those branches of the armed forces.(4) "License" means a license, certificate, registration, permit, or other form of authorization required by law or an HHSC rule to practice as a licensed chemical dependency counselor (LCDC), certified clinical supervisor, or counselor intern (CI).(5) "Military service member" means a person who is on active duty.(6) "Military spouse" means a person who is married to a military service member.(7) "Military veteran" means a person who has served on active duty and who was discharged or released from active duty.(8) "Verification letter" means a verification letter issued in accordance with 1 TAC § 351.3(relating to Recognition of Out-of-State License of Military Service Members and Military Spouses).(b) A military service member, military spouse, or military veteran may apply for alternative licensing in accordance with 1 TAC § 351.6 if the applicant: (1) has an active license issued by another jurisdiction with licensing requirements substantially equivalent to the requirements for a license under this subchapter and seeks a license as an LCDC or to register as a CI in Texas; or(2) held the same license in Texas within the five years preceding the application date.(c) A military service member, military spouse, or military veteran who does not comply with or qualify for alternative licensing or practicing under another jurisdiction's license must seek a license under the standard processes of this subchapter.(d) A military service member or military spouse currently licensed by another jurisdiction with licensing requirements substantially equivalent to the requirements for a license under this subchapter, may work in Texas under that jurisdiction's license if the applicant complies with the requirements of 1 TAC § 351.3(relating to Recognition of Out-of-State License of Military Service Members and Military Spouses), including obtaining a verification letter.(e) For license renewal under this subchapter, HHSC will exempt an individual currently licensed under this subchapter from any increased fee or other penalty for failing to renew the license in a timely manner because the individual was serving as a military service member. The individual must establish the reason for timely renewal failure to HHSC's satisfaction.(f) A military service member who holds a license under this subchapter is entitled to two years of additional time beyond the expiration date of the license to complete: (1) any continuing education requirements; and(2) any other requirement related to the renewal of the military service member's license.(g) When a verified military service member or military veteran submits an application for a license under this subchapter, the applicant will receive credit towards any licensing or internship requirements, except an examination requirement, for verified military service, training, or education that HHSC determines relevant, as applicable, to the occupation or licensing requirements, unless the applicant holds a restricted license issued by another jurisdiction or has a criminal history for which adverse licensure action is authorized by law.(h) HHSC's authority to require an applicant to undergo a criminal history background check, and the timeframes associated with that process, are not affected by the provisions of this section.25 Tex. Admin. Code § 140.433
Adopted by Texas Register, Volume 40, Number 13, March 27, 2015, TexReg 1857, eff. 4/1/2015; Adopted by Texas Register, Volume 42, Number 04, January 27, 2017, TexReg 317, eff. 2/2/2017; Adopted by Texas Register, Volume 49, Number 46, November 15, 2024, TexReg 9241, eff. 11/29/2024