Proposed Rules Title 25

TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes an amendment to §1.81, concerning Recognition of Out-of-State License of a Military Service Member and Military Spouse; and new §1.91, concerning Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans.

BACKGROUND AND PURPOSE

The purpose of the proposal is to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session, 2023, which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. S.B. 422 allows military service members, military spouses, and military veterans who are currently licensed by another jurisdiction to engage in a business or occupation in Texas and grants the person a verification letter or alternative license after meeting certain conditions to operate for three years. This amendment establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §1.81 adds the term "military service member" to the title of the rule and throughout §1.81. The proposed amendment also adds a requirement that DSHS verify the applicant is licensed in good standing within 30 days of the date a military service member or military spouse submits the application. The proposed amendment authorizes a person who receives a verification letter to continue to engage in the business or occupation until the third anniversary of the date the military spouse received the letter, even if that person's status as a military spouse has changed. A list of criteria is added for DSHS to review and evaluate whether another state's license requirements are substantially equivalent to the requirements of this state.

New §1.91 establishes alternative licensing for military service members, military spouses, and military veterans. A list of criteria is added for DSHS to review and evaluate whether another state's license requirements are substantially equivalent to the requirements of this state.

FISCAL

Donna Sheppard, Chief Financial Officer, has determined that for each year of the first five years that the rules will be in effect, enforcing or administering the rules do not have foreseeable implications relating to costs or revenues of state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT

DSHS has determined that during the first five years that the rules will be in effect: and

(1) the proposed rules will not create or eliminate a government program;

(2) implementation of the proposed rules will not affect the number of DSHS employee positions.

(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;

(4) the proposed rules will not affect fees paid to DSHS;

(5) the proposed rules will create a new rule;

(6) the proposed rules will expand an existing rule;

(7) the proposed rules will increase the number of individuals subject to the rule; and

(8) the proposed rules will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Donna Sheppard has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rules do not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rules.

LOCAL EMPLOYMENT IMPACT

The proposed rules will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these rules because the rules do not impose a cost on regulated persons and are necessary to implement legislation that does not specifically state that §2001.0045 applies to the rules.

PUBLIC BENEFIT AND COSTS

Dr. Timothy Stevenson, Associate Commissioner, Consumer Protection Division, has determined that for each year of the first five years the rules are in effect, the public benefit will be improved continuity of care and services by active military service members or military spouses currently licensed in good standing by another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state.

Donna Sheppard has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the military service members, military veterans, or military spouses would be able to engage in the business or occupation in accordance with the Texas statutes without obtaining a state license for three years.

TAKINGS IMPACT ASSESSMENT

DSHS has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

PUBLIC COMMENT

Written comments on the proposal may be submitted to Joseph Schmider, State EMS Director, Office of EMS Trauma Systems, Mail Code 1876, P.O. Box 149347, Austin, Texas 78714-9347 or street address 1100 West 49th Street, Mail Code 1876, Austin, Texas 78756; Fax number (512) 834-6736 or emailed to EMSInfo@DSHS.Texas.Gov.

To be considered, comments must be submitted no later than 21 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) faxed or emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When faxing or emailing comments, please indicate "Comments on Proposed Rule 23R054" in the subject line.

SUBCHAPTER F. LICENSURE EXEMPTIONS

25 TAC §1.81

STATUTORY AUTHORITY

The proposed amendment is authorized by Texas Occupations Code §§55.004, 55.005, and 55.0041; and Texas Government Code §531.0055(j) and Texas Health and Safety Code §1001.075, which authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The amendment implements Texas Government Code Chapter 531, Texas Health and Safety Code Chapter 1001, and Texas Occupations Code Chapter 55.

§1.81.Recognition of Out-of-State License of a Military Service Member and Military Spouse.

(a) For the purposes of this section, the definitions in Texas Occupations Code Chapter 55 are hereby adopted by reference. This section establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.

(b) This section applies to all licenses and verifications issued by the Department of State Health Services (department) under authority granted by the [~~applicable chapter of the~~] Texas Health and Safety Code or Texas Occupations Code.

(c) Notwithstanding any other rule, a military service member or military spouse may engage in a business or occupation as if licensed in the State of Texas without obtaining the applicable license in Texas, if the military service member or military spouse:

(1) is currently licensed in good standing by another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state;

(2) notifies the department, in writing, of the military service member's or military spouse's intent to practice in this state;

(3) submits [~~to the department~~] proof of the military service member's or military spouse's residency in this state and a copy of the military service member or military spouse's military identification card; and

(4) receives from the department a verification letter that:

(A) the department has verified the military service member's or military spouse's license in another [~~the other~~] jurisdiction; and

(B) the military service member or military spouse is authorized to engage in the business or occupation in accordance with the Texas statutes [~~Statutes~~] and rules for that business or occupation.

(d) To receive a verification letter, the military service member or military spouse, must submit:

(1) a request to the department for recognition of the military service member's or military spouse's license issued by the other jurisdiction, on a form prescribed by the department;

(2) proof of residency in this state, and this requirement is satisfied by providing a copy of the permanent change-of-station order for the military service member;

(3) a copy of the military service member's or military spouse's military identification card; and

(4) proof the military service member is stationed at a military installation in Texas.

(e) The department has 30 days from the date a military service member or military spouse submits an application complying with subsection (d) of this section to verify that the military service member or military spouse is licensed in good standing in a jurisdiction that has licensing requirements that are substantially equivalent to the requirements for a license under the statutes and regulations of this state. Upon verification [~~from the licensing jurisdiction of the spouses' license and if the license is substantially equivalent to a Texas license~~], the department shall issue a verification letter recognizing the licensure as the equivalent license in this state.

(f) The verification letter will expire three years from date of issuance or when the military service member is no longer stationed at a military installation in Texas, whichever comes first. The verification letter may not be renewed.

(g) In the event of a divorce or similar event that affects a person's status as a military spouse, the former military spouse that received a verification under subsection (d) of this section, may continue to engage in the business or occupation under the authority of this section until the third anniversary of the date the spouse received the verification letter described by subsection (e) of this section.

(h) [~~(g)~~] The military service member or military spouse shall comply with all applicable laws, rules, and standards of this state, including applicable Texas Health and Safety Code, [or] Texas Occupations Code, [~~Chapters~~] and all relevant Texas Administrative Code provisions.

(i) [~~(h)~~] The department may revoke the verification letter at its discretion. Grounds [~~Basis~~] for revocation include:

(1) the military service member or military spouse fails to comply with subsection (h) [~~(g)~~] of this section; or

(2) the military service member's or military spouse's license required under subsection (c)(1) of this section expires or is suspended or revoked in another jurisdiction.

(j) The department will review and evaluate the following criteria, if relevant to a Texas license, when determining whether another jurisdiction's licensing requirements are substantially equivalent to the requirements for a license under the statutes and regulations of this state.

(1) Whether the other jurisdiction requires an applicant to pass an examination that demonstrates competence in the field.

(2) Whether the other jurisdiction requires an applicant to meet any experience qualifications.

(3) Whether the other jurisdiction requires an applicant to meet any education qualifications.

(4) The other jurisdiction's license requirements, including the scope of work authorized by the license.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 15, 2023.

TRD-202303443

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: October 29, 2023

For further information, please call: (512) 834-6737

SUBCHAPTER G. ALTERNATIVE LICENSING FOR MILITARY

25 TAC §1.91

STATUTORY AUTHORITY

The proposed new rule is authorized by Texas Occupations Code §§55.004, 55.005, and 55.0041; and Texas Government Code §531.0055(j) and Texas Health and Safety Code §1001.075, which authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The proposed new rule implements Texas Government Code Chapter 531, Texas Health and Safety Code Chapter 1001, and Texas Occupations Code Chapter 55.

§1.91.Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans.

(b) This section applies to all licenses issued by the Department of State Health Services (department) under authority granted by the Texas Health and Safety Code or Texas Occupations Code.

(c) Notwithstanding any other rule, a military service member, military spouse, or military veteran may apply for an occupational license offered by the department if the military service member, military spouse, or military veteran:

(1) is currently licensed by another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state, and the license is in good standing; or

(2) held the same license in Texas within the preceding five years.

(d) A military service member or military spouse must provide proof of residency in this state. This requirement is satisfied by providing a copy of the permanent change-of-station order assigning the military service member to a military installation in Texas.

(e) An applicant requesting a license under this section must meet all requirements for obtaining the license, including receiving appropriate credit for training, education, and professional experience.

(f) The department will review and evaluate the following criteria, if relevant to a Texas license, when determining whether another jurisdiction's licensing requirements are substantially equivalent to the requirements for a license under the statutes and regulations of this state.