22 Tex. Admin. Code § 283.12 - Licenses for Military Service Members, Military Veterans, and Military Spouses
(a) Definitions.
The following words and terms, when used in this section, shall have the
following meanings, unless the context clearly indicates otherwise.
(1) Active duty--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, or similar military service
of another state.
(2) Armed forces
of the United States--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.
(3) Military
service member--A person who is on active duty.
(4) Military spouse--A person who is married
to a military service member.
(5)
Military veteran--A person who has served on active duty and who was discharged
or released from active duty.
(b) Alternative licensing procedure. For the
purpose of §
55.004, Occupations
Code, an applicant for a pharmacist license who is a military service member,
military veteran, or military spouse may complete the following alternative
procedures for licensing as a pharmacist.
(1)
Requirements for licensing by reciprocity. An applicant for licensing by
reciprocity who meets all of the following requirements may be granted a
temporary license as specified in this subsection prior to completing the NABP
application for pharmacist license by reciprocity, and taking and passing the
Texas Pharmacy Jurisprudence Examination. The applicant shall:
(A) complete the Texas application for
pharmacist license by reciprocity that includes the following:
(i) name;
(ii) addresses, phone numbers, date of birth,
and social security number; and
(iii) any other information requested on the
application;
(B) meet the
educational and age requirements as set forth in §
283.3 of this title (relating to
Educational and Age Requirements);
(C) present to the board proof of initial
licensing by examination and proof that any current licenses and any other
licenses granted to the applicant by any other state have not been suspended,
revoked, canceled, surrendered, or otherwise restricted for any
reason;
(D) meet all requirements
necessary for the board to access the criminal history records information,
including submitting fingerprint information, and such criminal history check
does not reveal any disposition for a crime specified in §
281.64 of this title (relating to
Sanctions for Criminal Offenses) indicating a sanction of denial, revocation,
or suspension;
(E) be exempt from
the application and examination fees paid to the board set forth in §
283.9(a)(2)(A) and
(b) of this title (relating to Fee
Requirements for Licensure by Examination, Score Transfer and Reciprocity);
and
(F) provide documentation of
eligibility, including:
(i) military
identification indicating that the applicant is a military service member,
military veteran, or military dependent, if a military spouse; and
(ii) marriage certificate, if a military
spouse.
(2)
Requirements for an applicant whose Texas pharmacist license has expired. An
applicant whose Texas pharmacist license has expired within five years
preceding the application date:
(A) shall
complete the Texas application for licensing that includes the following:
(i) name;
(ii) addresses, phone numbers, date of birth,
and social security number; and
(iii) any other information requested on the
application;
(B) shall
provide documentation of eligibility, including:
(i) military identification indicating that
the applicant is a military service member, military veteran, or military
dependent, if a military spouse; and
(ii) marriage certificate, if a military
spouse;
(C) shall pay the
renewal fee specified in §
295.5 of this title (relating to
Pharmacist License or Renewal Fees); however, the applicant shall be exempt
from the fees specified in §
295.7(3) of this
title (relating to Pharmacist License Renewal);
(D) shall complete approved continuing
education requirements according to the following schedule:
(i) if the Texas pharmacist license has been
expired for more than one year but less than two years, the applicant shall
complete 15 contact hours of approved continuing education;
(ii) if the Texas pharmacist license has been
expired for more than two years but less than three years, the applicant shall
complete 30 contact hours of approved continuing education; or
(iii) if the Texas pharmacist license has
been expired for more than three years but less than five years, the applicant
shall complete 45 contact hours of approved continuing education; and
(E) is not required to take the
Texas Pharmacy Jurisprudence Examination.
(3) A temporary license issued under this
section is valid for no more than six months and may be extended, if
disciplinary action is pending, or upon request, as otherwise determined
reasonably necessary by the executive director of the board.
(4) A temporary license issued under this
section expires within six months of issuance if the individual fails to pass
the Texas Pharmacy Jurisprudence Examination within six months or fails to take
the Texas Pharmacy Jurisprudence Examination within six months.
(5) An individual may not serve as
pharmacist-in-charge of a pharmacy with a temporary license issued under this
subsection.
(c) Expedited
licensing procedure. For the purpose of §
55.005, Occupations
Code, an applicant for a pharmacist license who is a military service member,
military veteran, or military spouse and who holds a current license as a
pharmacist issued by another state may complete the following expedited
procedures for licensing as a pharmacist. The applicant shall:
(1) meet the educational and age requirements
specified in §
283.3 of this title (relating to
Educational and Age Requirements);
(2) meet all requirements necessary in order
for the board to access the criminal history record information, including
submitting fingerprint information and being responsible for all associated
costs;
(3) complete the Texas and
NABP applications for reciprocity. Any fraudulent statement made in the
application for reciprocity is grounds for denial of the application. If such
application is granted, any fraudulent statement is grounds for suspension,
revocation, and/or cancellation of any license so granted by the board. The
Texas application includes the following information:
(A) name;
(B) addresses, phone numbers, date of birth,
and social security number; and
(C)
any other information requested on the application;
(4) present to the board proof of initial
licensing by examination and proof that their current license and any other
license or licenses granted to the applicant by any other state have not been
suspended, revoked, canceled, surrendered, or otherwise restricted for any
reason;
(5) pass the Texas Pharmacy
Jurisprudence Examination with a minimum grade of 75. (The passing grade may be
used for the purpose of licensure by reciprocity for a period of two years from
the date of passing the examination.) Should the applicant fail to achieve a
minimum grade of 75 on the Texas Pharmacy Jurisprudence Examination, such
applicant, in order to be licensed, shall retake the Texas Pharmacy
Jurisprudence Examination as specified in §
283.11 of this title (relating to
Examination Retake Requirements) until such time as a minimum grade of 75 is
achieved; and
(6) be exempt from
the application and examination fees paid to the board set forth in
§283.9(a)(2)(A) and (b).
(d) License renewal. As specified in §
55.003, Occupations
Code, a military service member who holds a pharmacist license is entitled to
two years of additional time to complete any requirements related to the
renewal of the military service member's license.
(1) A military service member who fails to
renew their pharmacist license in a timely manner because the individual was
serving as a military service member shall submit to the board:
(A) name, address, and license number of the
pharmacist;
(B) military
identification indicating that the individual is a military service member;
and
(C) a statement requesting up
to two years of additional time to complete the renewal.
(2) A military service member specified in
paragraph (1) of this subsection shall be exempt from fees specified in §
295.7(3) of this
title (relating to Pharmacist License Renewal).
(3) A military service member specified in
paragraph (1) of this subsection is entitled to two additional years of time to
complete the continuing education requirements specified in §
295.8 of this title (relating to
Continuing Education Requirements).
(e) Inactive status. The holder of a
pharmacist license who is a military service member, a military veteran, or a
military spouse who holds a pharmacist license and who is not engaged in the
practice of pharmacy in this state may place the license on inactive status as
specified in §
295.9 of this title (relating to
Inactive License). The inactive license holder:
(1) shall provide documentation to include:
(A) military identification indicating that
the pharmacist is a military service member, military veteran, or military
dependent, if a military spouse; and
(B) marriage certificate, if a military
spouse;
(3) shall not
practice pharmacy in this state; and
(4) may reactivate the license as specified
in §
295.9 of this title (relating to
Inactive License).
(f)
Interim license for military service member or military spouse. In accordance
with §
55.0041, Occupations
Code, a military service member or military spouse who is currently licensed in
good standing by a jurisdiction with licensing requirements that are
substantially equivalent to the licensing requirements in this state may be
issued an interim pharmacist license. The military service member or military
spouse:
(1) shall provide documentation to
include:
(A) a notification of intent to
practice form including any additional information requested;
(B) proof of the military service member or
military spouse's residency in this state, including a copy of the permanent
change of station order for the military service member or military service
member to whom the military spouse is married;
(C) a copy of the military service member or
military spouse's military identification card; and
(D) verification from the jurisdiction in
which the military service member or military spouse holds an active pharmacist
license that the military service member or military spouse's license is in
good standing;
(2) may
not practice pharmacy in this state until issued an interim pharmacist
license;
(3) may hold an interim
pharmacist license only for the period during which the military service member
or military service member to whom the military spouse is married is stationed
at a military installation in this state, but not to exceed three years from
the date of issuance of the interim license; and
(4) may not renew the interim pharmacist
license.
(g) Subsection
(f) of 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.
Notes
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