TBCE Proposes New Rule 76.3
Written by Editor   
Wednesday, September 09, 2015 02:44 PM

The Texas Board of Chiropractic Examiners (Board) proposes new §76.3, concerning Requirements for Licensure of Military Service Members and Military Veterans. Red indicates newly added language.  Strikethrough indicates language to be deleted.

§76.3. Requirements for Licensure of Military Service Members and Military Veterans.

(a) This section applies to an applicant who is a military service member or military veteran. For purposes of this section, "military service member" means a person who is on active duty and "military veteran" means a person who has served on active duty and was discharged or released from active duty.

(b) The Board shall exempt a person who holds a license issued by the Board from any increased fee or penalty imposed by the Board for failing to renew the license in a timely manner if the person establishes to the satisfaction of the Board that the failure to renew the license in a timely manner is because the person was serving as a military service member. For purposes of this section, "military service member" means a person who is on active duty. 

(c) The Board may issue a license to an applicant described under subsection (a) of this section who:

(1) holds a current license issued by another state that has licensing requirements that are substantially equivalent to the requirements for a license; or

(2) within the five years preceding the application date held a license in this state that expired while the applicant lived in another state for at least six months. 

(d) For the purposes of this section, the term "substantially equivalent" means that the jurisdiction where the applicant described under subsection (c) of this section is currently licensed has, or had at the time of licensure, equivalent practices and requirements in the following areas:

(1) scope of practice;

(2) continuing education;

(3) license renewal;

(4) enforcement practices; 

(5) examination requirements;

(6) undergraduate education requirements; and

(7) chiropractic education requirements.

(e) The Board may allow an applicant described under subsection (c) of this section to demonstrate competency by alternative methods in order to meet the requirements for obtaining a license. The standard method of demonstrating competency is described in Chapter 72 of this title (relating to Applications and Applicants). In lieu of the standard method of demonstrating competency for a license, and based on the applicant's circumstances, the alternative methods for demonstrating competency may include any combination of the following as determined by the Board: 

(1) education; 

(2) continuing education;

(3) examinations (including the National Board of Chiropractic Examiners Parts I - IV and Physiotherapy, or the National Board of Chiropractic Examiners SPEC Examination);

(4) letters of good standing;

(5) letters of recommendation;

(6) work experience; or

(7) other methods required by the executive director.

(f) The executive director may issue a license by endorsement to an applicant described under subsection (c) of this section in the same manner as the Texas Department of Licensing and Regulation under §51.404 of the Texas Occupations Code. 

(g) The applicant described under subsection (c) of this section shall submit an application for licensure and proof of the requirements under this section on a form and in a manner prescribed by the Board. 

(h) Applicants described under subsection (c)(1) are exempt from the license application and examinations fees paid to the state. Applicants described under subsection (c)(2) shall submit the applicable fee(s) required for a license.

(i) The applicant described under subsection (c) of this section shall undergo a criminal history background check.