TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 1. MISCELLANEOUS PROVISIONS

The executive commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts the repeal of §1.81, concerning Recognition of Out-of-State License of a Military Service Member and Military Spouse, and §1.91, concerning Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans; and new §1.81, concerning Recognition of Out-of-State License of a Military Service Member or Military Spouse, and §1.91, concerning Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans.

Sections 1.81 and 1.91 are adopted without changes to the proposed text as published in the September 19, 2025, issue of the Texas Register (50 TexReg 6195). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeals and new sections are necessary to comply with Senate Bill (SB) 1818 and House Bill (HB) 5629, 89th Regular Session, 2025.

SB 1818 amends Texas Occupations Code (TOC) §55.004 and §55.0041 to allow a military service member, a military veteran, or a military spouse to receive a provisional license upon receipt of a complete application, if the applicant meets the existing criteria outlined in TOC §55.004 or §55.0041. To qualify, the applicant must hold a current license in good standing from another jurisdiction with licensing requirements similar in scope to those in Texas.

HB 5629 amends Texas Occupations Code §55.004 and §55.0041 to require state agencies to recognize out-of-state licenses that are in good standing and similar in scope of practice to a Texas license, and to issue a corresponding Texas license. The bill also changes the documentation required in an application, shortens the time by which the agency must process an application, and defines "good standing."

COMMENTS

The 31-day comment period ended October 20, 2025.

During this period, DSHS did not receive any comments regarding the proposed rules.

SUBCHAPTER F. LICENSURE EXEMPTIONS

25 TAC §1.81

STATUTORY AUTHORITY

The repeal is adopted under Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075 which authorize the executive commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 5, 2025.

TRD-202504009

Cynthia Hernandez

General Counsel

Department of State Health Services

Effective date: December 1, 2025

Proposal publication date: September 19, 2025

For further information, please call: (512) 834-6700


25 TAC §1.81

STATUTORY AUTHORITY

The new rule is adopted under Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075 which authorize the executive commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 5, 2025.

TRD-202504007

Cynthia Hernandez

General Counsel

Department of State Health Services

Effective date: December 1, 2025

Proposal publication date: September 19, 2025

For further information, please call: (512) 834-6700


SUBCHAPTER G. ALTERNATIVE LICENSING FOR MILITARY

25 TAC §1.91

STATUTORY AUTHORITY

The repeal is adopted under Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075 which authorize the executive commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 5, 2025.

TRD-202504008

Cynthia Hernandez

General Counsel

Department of State Health Services

Effective date: December 1, 2025

Proposal publication date: September 19, 2025

For further information, please call: (512) 834-6700


25 TAC §1.91

STATUTORY AUTHORITY

The new rule is adopted under Texas Government Code §524.0151 and Texas Health and Safety Code §1001.075 which authorize the executive commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 5, 2025.

TRD-202504010

Cynthia Hernandez

General Counsel

Department of State Health Services

Effective date: December 1, 2025

Proposal publication date: September 19, 2025

For further information, please call: (512) 834-6700