PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 60. PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT
The Texas Department of Licensing and Regulation (Department) proposes a new rule at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter C, §60.32, and amendments to an existing rule at Subchapter D, §60.40, regarding the Procedural Rules of the Commission and the Department. These proposed changes are referred to as the "proposed rules."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC, Chapter 60, Procedural Rules of the Commission and the Department, implement Texas Occupations Code, Chapter 51, Texas Department of Licensing and Regulation, and other laws applicable to state agencies.
The proposed rules enable the Department to require certain individuals to furnish e-mail addresses for purposes of receiving correspondence. The proposed rules additionally permit certain incarcerated individuals to apply for licensure prior to release. The proposed rules are necessary to implement §§3 and 5 of House Bill (HB) 3743, 88th Legislature, Regular Session (2023). HB 3743 took effect on September 1, 2023.
Section 3 of HB 3743 amended Occupations Code §51.207(c) to permit the Commission to adopt a rule to require an applicant, license holder, or other person who regularly receives correspondence from the Department to provide an e-mail address for purposes of receiving correspondence. The section further provides that any e-mail address furnished under this provision is confidential for purposes of Government Code, Chapter 552 (the Public Information Act).
The proposed rules implement HB 3743 §3 by authorizing the Department to require e-mail addresses from applicants, license holders, and others who regularly receive correspondence from the Department, and to deem an application incomplete if an applicant fails to provide an e-mail address when directed to do so. The intent of this rule is to allow the Department the flexibility to use instructions on Department forms to make providing an e-mail address mandatory when, in the Department's discretion, requiring an e-mail address would be administratively expedient, while also allowing the Department the flexibility to process an application without an e-mail address on a case-by-case basis.
HB 3743 §5 enacted Occupations Code §51.4014, which authorizes the Department to accept a license application from an inmate imprisoned in the Texas Department of Criminal Justice (TDCJ), but prohibits the Department from issuing the license until the applicant has been released. The Department interprets these provisions as permitting, but not requiring, the Department to accept inmate applications. The proposed rules implement these provisions by amending the existing rule at 16 TAC, Chapter 60, Subchapter, C, at §60.40, License Eligibility for Persons with Criminal Convictions. The existing rule prohibits a person incarcerated because of a felony conviction from obtaining or renewing a license and requires a person whose license is revoked by operation of law under Occupations Code §53.021(b) to wait until release from imprisonment before applying for a license. Because under Occupations Code §53.021(b), automatic license revocation occurs upon imprisonment due to a felony conviction, the existing rule effectively bars formerly licensed TDCJ inmates from applying for a license.
The proposed rules carve out two new circumstances under which the Department will accept inmate applications: when the inmate previously held a license of the same type for which the inmate is applying, and when the inmate has completed a relevant course of study in the Windham School District, or other program acceptable to the Department, to prepare the person for reentry into the workforce in the occupation. The proposed rules further restrict the acceptance of these applications to those inmates who are scheduled for release within the next 90 days. The proposed rules additionally keep in place a provision authorizing the issuance of student permits to inmates studying barbering or cosmetology in a Windham School District or TDCJ program. The Department enjoys a longstanding and successful partnership with the Windham School District and TDCJ. The proposed rules strike a balance in furthering a common goal of this partnership by ameliorating barriers convicted individuals face in reentry to the workforce, while avoiding the imposition of an undue burden on the Department by limiting the acceptance of applications to those reasonably likely to be eligible for approval in the near future.
SECTION-BY-SECTION SUMMARY
The proposed rules adopt new §60.32, E-mail Communications and Requirements. Subsection (a) states the circumstances under which the Department may require a person to provide an e-mail address for purposes of receiving correspondence. Subsection (b) sets forth a potential consequence to an applicant for failing to provide an e-mail address when directed to do so, namely, that the application may be deemed incomplete.
The proposed rules amend §60.40. The first sentence of subsection (c) is deleted and replaced with verbiage clarifying that the provisions in (c) apply when the exceptions in new subsection (d) are inapplicable. Subsection (c)(3) is deleted and the substance moved to the new subsection (d). New subsection (d), containing the exceptions, is added and subdivided into two paragraphs. Subsection (d)(1) contains the substance of former (c)(3), the student permit exception for the barbering and cosmetology program. Subsection (d)(2) sets forth the new exceptions implemented under Occupations Code §51.4014, and contains language permitting the Department to accept applications from TDCJ inmates who are scheduled for release within the next 90 days in two circumstances, which are set forth in subsections (d)(2)(A) and (d)(2)(B), respectively. Subsection (d)(2)(A) refers to previously licensed inmates and subsection (d)(2)(B) refers to inmates who have completed participation in certain career preparation programs.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rule is in effect, enforcing or administering the proposed rule does not have foreseeable implications relating to costs or revenues of state or local governments.
LOCAL EMPLOYMENT IMPACT STATEMENT
Because Mr. Couvillon has determined that the proposed rules will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS
Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit of new §60.32 will be improved communication between the Department and outside stakeholders and mitigation of the impact of lost or misdirected mail on the timeliness of processing correspondence. Concerning the amendments to §60.40, Mr. Couvillon has determined that the public benefit will be the removal of a barrier to workforce reentry, as the proposed rules will allow former inmates to be licensed in an occupation immediately upon release.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL
Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT
Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:
1. The proposed rules do not create or eliminate a government program.
2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rules do not require an increase or decrease in fees paid to the agency.
5. The proposed rules create a new regulation. The proposed rules authorize the Department to require applicants, license holders, and other persons who regularly receive correspondence from the Department to furnish e-mail addresses for purposes of receiving correspondence.
6. The proposed rules expand, limit, or repeal an existing regulation. The proposed rules expand the number of individuals eligible to apply for a license by creating exceptions to a prohibition on inmate applications.
7. The proposed rules increase or decrease the number of individuals subject to the rules' applicability. The proposed rules decrease the number of individuals prohibited from applying for a license due to imprisonment.
8. The proposed rules do not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS
Comments on the proposed rules may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/gcerules; by facsimile to (512) 475-3032; or by mail to Monica Nuñez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.
SUBCHAPTER C. LICENSE APPLICATIONS AND RENEWALS
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapter 51, and the program statutes for all of the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); 2311 (Electric Vehicle Charging Stations); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety).
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is House Bill 3743, 88th Legislature, Regular Session (2023).
§60.32.E-mail Communications and Requirements.
(a) The department may require an applicant, licensee, or other person who regularly receives communications from the department, to provide an e-mail address for purposes of receiving correspondence. The department may send any correspondence to the e‑mail address furnished by the person unless another form of notice is required by law.
(b) The department may deem an application incomplete if the applicant fails to provide an e-mail address when directed to do so.
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 July 8, 2024.
TRD-202402998
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: August 18, 2024
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapter 51, and the program statutes for all of the Department programs: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapter 1001 (Driver and Traffic Safety Education); Government Code, Chapters 171 (Court-Ordered Programs); and 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 401, Subchapter M (Laser Hair Removal); 754 (Elevators, Escalators, and Related Equipment); and 755 (Boilers); Labor Code, Chapter 91 (Professional Employer Organizations); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers): 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); 2310 (Motor Fuel Metering and Quality); 2311 (Electric Vehicle Charging Stations); and 2402 (Transportation Network Companies); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety).
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is House Bill 3743, 88th Legislature, Regular Session (2023).
§60.40.License Eligibility for Persons with Criminal Convictions.
(a) - (b) (No change).
(c) Except as provided in subsection (d), the
following provisions apply to persons who are incarcerated or imprisoned.
[Provisions Related to Persons Who are Incarcerated or Imprisoned.]
(1) - (2) (No change.)
[(3) This subsection does not apply
to the issuance of a student permit under Texas Occupations Code,
Chapter 1603, to a person enrolled in a school administered by the
Windham School District or the Texas Department of Criminal Justice.]
(d) Notwithstanding subsection (c), the department may:
(1) issue a student permit under Texas Occupations Code, Chapter 1603, to a person enrolled in a school administered by the Windham School District or the Texas Department of Criminal Justice; or
(2) in accordance with Texas Occupations Code §51.4014, accept a license application from a person who is in the custody of the Texas Department of Criminal Justice, is scheduled for release from incarceration or imprisonment within the next 90 days, and who:
(A) previously held a license of the same type for which the person is applying; or
(B) has completed a relevant course of study in the Windham School District, or other program acceptable to the department, to prepare the person for reentry into the workforce in the occupation for which the person seeks a 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 July 8, 2024.
TRD-202402999
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: August 18, 2024
For further information, please call: (512) 475-4879
The Texas Department of Licensing and Regulation (Department) proposes new rules at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter M, §60.700 and §60.701, with the addition of a subchapter title to an existing chapter, regarding the Procedural Rules of the Commission and the Department. These proposed changes are referred to as the "proposed rules."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The proposed rules create a new audit system to verify compliance with the continuing education (CE) requirements established for renewal of a license in the programs administered by the Department under the following statutes: Texas Government Code, Chapter 171, Court-Ordered Education Programs; Texas Health and Safety Code, Chapter 401, Subchapter M, Laser Hair Removal; Texas Occupations Code, Chapter 203, Midwives; Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists; Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers; Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists; Texas Occupations Code, Chapter 451, Athletic Trainers; Texas Occupations Code, Chapter 455, Massage Therapy; Texas Occupations Code, Chapter 605, Orthotists and Prosthetists; Texas Occupations Code, Chapter 701, Dietitians; Texas Occupations Code, Chapter 1952, Code Enforcement Officers; Texas Occupations Code, Chapter 1953, Sanitarians; and Texas Occupations Code, Chapter 1958, Mold Assessors and Remediators. These programs will hereafter be referred to as "the affected programs."
The proposed rules are necessary to ensure that CE audits do not delay the issuance of license renewals in the affected programs. The program-specific rules for most of the affected programs currently require a CE audit to be completed before a license renewal may be issued. However, even when a license holder provides the audited CE records in a timely manner, the process of the Department receiving and verifying those documents can take a significant amount of time, and this creates a risk that the license will expire before the license renewal can be issued, resulting in a period of non-licensure through no fault of the license holder. The proposed rules allow the CE audit to occur before, during, or after the license renewal process to ensure that a CE audit does not affect the renewal process for the license holder.
The proposed rules are applicable only to the affected programs because, with regard to the reporting of CE completion, the affected programs differ from other licensing programs administered by the Department that have CE requirements. In other programs, CE providers are required to register with the Department and report CE completion by license holders directly to the Department, which eliminates the need for the Department to audit license holders to verify their CE completion. In contrast, license holders in the affected programs may fulfill their CE requirements by completing activities that are not provided by CE providers that report CE completion directly to the Department, such as attending or instructing academic courses or publishing books or articles.
The proposed rules are also necessary to provide consistency and efficiency in the Department's CE audit process among the affected programs. Rather than having multiple program-specific rules addressing CE audits with variations in rule language from program to program, the proposed rules provide uniform language that allows Department staff to apply the same procedures to each affected program, which streamlines the Department's operations.
SECTION-BY-SECTION SUMMARY
The proposed rules create new Subchapter M, Continuing Education Audits for License Renewals in Certain Programs, to clearly separate the CE audit requirements for the affected programs from the remainder of Chapter 60, which applies to all programs administered by the Department.
The proposed rules create new §60.700, Applicability, consisting of new subsection (a), which provides the list of affected programs that are subject to the new CE audit process; new subsection (b), which provides the statutory authority for the subchapter; new subsection (c), which clarifies the interplay between new Subchapter M and other laws and rules applicable to the affected programs; and new subsection (d), which clarifies that the CE audit provisions of the subchapter supersede any CE audit provisions included in the rules of the affected programs.
The proposed rules create new §60.701, Continuing Education Audits for License Renewal. The proposed rules create new subsection (a), which provides that the Department may employ the new CE audit system to verify CE completion in the affected programs for each renewal of a license. The proposed rules create new subsection (b), consisting of subsection (b)(1), which provides a definition for "continuing education records," and subsection (b)(2), which requires license holders to maintain CE records for three years. The proposed rules create new subsection (c), which provides the new CE audit process, including subsection (c)(1), which provides that the Department will select a random sample of license holders on a periodic basis for an audit that may occur before, during, or after the license renewal process; subsection (c)(2), which requires license holders selected for audit to submit continuing education records within 30 calendar days after notification of the audit; subsection (c)(3), which clarifies that a CE audit does not affect the renewal process for the license holder; and subsection (c)(4), which requires a license holder who is deficient in CE to remedy the deficiency within 90 calendar days after notification of the deficiency. The proposed rules also create new subsection (d), which provides the list of grounds for which a license holder may be subject to disciplinary action, and new subsection (e), which clarifies that CE obtained to correct a deficiency or as part of a disciplinary action cannot be applied toward the next renewal of the license.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.
Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.
Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of state or local governments.
LOCAL EMPLOYMENT IMPACT STATEMENT
Because Mr. Couvillon has determined that the proposed rules will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS
Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be the assurance that no license holder will have to wait for their license renewal to be issued while a CE audit is being conducted. This will eliminate the risk that a license holder will experience a period of non-licensure, through no fault of their own, due to an ongoing CE audit. Additionally, the public will benefit from increased clarity regarding the Department's process for verifying compliance with CE requirements for license renewal.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL
Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT
Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:
1. The proposed rules do not create or eliminate a government program.
2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rules do not require an increase or decrease in fees paid to the agency.
5. The proposed rules create a new regulation. The proposed rules require a license holder to maintain continuing education records for three years from the completion of the continuing education activity.
6. The proposed rules expand, limit, or repeal an existing regulation. The proposed rules expand a regulation by providing a process for the Department to audit continuing education completion before, during, or after the license renewal process.
7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.
8. The proposed rules do not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS
Comments on the proposed rules may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/gcerules; by facsimile to (512) 475-3032; or by mail to Monica Nuñez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed rules are also proposed under: Texas Government Code, Chapter 171, Court-Ordered Education Programs; Texas Health and Safety Code, Chapter 401, Subchapter M, Laser Hair Removal; Texas Occupations Code, Chapter 203, Midwives; Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists; Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers; Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists; Texas Occupations Code, Chapter 451, Athletic Trainers; Texas Occupations Code, Chapter 455, Massage Therapy; Texas Occupations Code, Chapter 605, Orthotists and Prosthetists; Texas Occupations Code, Chapter 701, Dietitians; Texas Occupations Code, Chapter 1952, Code Enforcement Officers; Texas Occupations Code, Chapter 1953, Sanitarians; and Texas Occupations Code, Chapter 1958, Mold Assessors and Remediators.
The statutory provisions affected by the proposed rules are those set forth in Texas Government Code, Chapter 171; Texas Health and Safety Code, Chapter 401, Subchapter M; and Texas Occupations Code, Chapters 51, 401, 402, 403, 451, 455, 605, 701, 1952, 1953, and 1958. No other statutes, articles, or codes are affected by the proposed rules.
§60.700.Applicability.
(a) This subchapter applies to a holder of a license with continuing education requirements for renewal of the license in the programs administered by the department under the following statutes:
(1) Texas Government Code, Chapter 171, Court-Ordered Education Programs;
(2) Texas Health and Safety Code, Chapter 401, Subchapter M, Laser Hair Removal;
(3) Texas Occupations Code, Chapter 203, Midwives;
(4) Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists;
(5) Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers;
(6) Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists;
(7) Texas Occupations Code, Chapter 451, Athletic Trainers;
(8) Texas Occupations Code, Chapter 455, Massage Therapy;
(9) Texas Occupations Code, Chapter 605, Orthotists and Prosthetists;
(10) Texas Occupations Code, Chapter 701, Dietitians;
(11) Texas Occupations Code, Chapter 1952, Code Enforcement Officers;
(12) Texas Occupations Code, Chapter 1953, Sanitarians; and
(13) Texas Occupations Code, Chapter 1958, Mold Assessors and Remediators.
(b) This subchapter is promulgated under Texas Occupations Code §51.203 and the statutes listed under subsection (a).
(c) Except as provided by subsection (d), the provisions of this subchapter are in addition to all other laws and rules applicable to the programs listed under subsection (a).
(d) The continuing education audit provisions of this subchapter supersede:
(1) any continuing education audit provisions that are included in the rules of the programs listed under subsection (a); and
(2) any other methods of verifying continuing education compliance that are included in the rules of the programs listed under subsection (a).
(e) This subchapter does not affect the department's authority to conduct inspections or investigations that involve examining the license holder's continuing education records.
§60.701.Continuing Education Audits for License Renewal.
(a) The department may employ the audit system provided by this section to verify compliance with the continuing education requirements established for the programs listed under §60.700(a). The department may audit a license holder under this section for each renewal of the license.
(b) Continuing education records.
(1) In this section, the term "continuing education records" means copies of certificates, transcripts, or other documentation satisfactory to the department, verifying the license holder's attendance, participation, and completion of the continuing education required for renewal of the license.
(2) A license holder must maintain continuing education records applied toward a license renewal for two years after the date the license renewal is issued by the department.
(c) Continuing education audit process.
(1) The department will select for audit a random sample of license holders on a periodic basis at its discretion. The audit may occur before, during, or after the license renewal process.
(2) If selected for audit, the license holder must submit to the department continuing education records for the most recent renewal of the license within 30 calendar days after notification of the audit.
(3) A continuing education audit does not affect the renewal process for the license holder.
(4) A license holder who is deficient in the continuing education required for the most recent renewal of the license must complete all deficient continuing education within 90 calendar days after notification of the deficiency to maintain licensure.
(d) A license holder is subject to disciplinary action for:
(1) failure to submit continuing education records within 30 calendar days after notification of the audit;
(2) providing false information during the audit process or the renewal process;
(3) being deficient in the continuing education required for the most recent renewal of the license; or
(4) failure to complete all deficient continuing education within 90 calendar days after notification of the deficiency.
(e) Continuing education obtained to correct a deficiency or as part of a disciplinary action may not be applied toward the continuing education required for the next renewal of 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 July 8, 2024.
TRD-202402996
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: August 18, 2024
For further information, please call: (512) 475-4879