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Repeal of administrative rules at 16 Texas Administrative Code (TAC), Chapter 142, Subchapter A, 142.1 - 142.20, regarding the Athletic Trainers program.
JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
General Provisions for Athletic Trainers Program
16 TAC Chapter 142, repeal of Subchapter A, §§142.1 - 142.20
The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of current rules at 16 Texas Administrative Code (TAC), Chapter 142, Subchapter A, §§142.1 - 142.20, regarding the Athletic Trainers program, as noticed in the October 21, 2016, issue of the Texas Register (41 TexReg 8238). The rules will not be published.
The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department). Under Phase 1, the following seven programs were transferred from DSHS to the Commission and the Department: (1) Midwives, Texas Occupations Code, Chapter 203; (2) Speech-Language Pathologists and Audiologists, Chapter 401; (3) Hearing Instrument Fitters and Dispensers, Chapter 402; (4) Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists, Chapter 403; (5) Athletic Trainers, Chapter 451; (6) Orthotists and Prosthetists, Chapter 605; and (7) Dietitians, Chapter 701. The statutory amendments transferring regulation of these seven Phase 1 programs from DSHS to the Commission and the Department took effect on September 1, 2015.
On April 13, 2016, the Commission adopted its own set of rules for the Athletic Trainers program located at 16 TAC Chapter 110. The Commission’s rules were effective October 1, 2016. (41 TexReg 4435). The Department officially commenced all regulatory functions for the Athletic Trainers program on October 3, 2016.
The current 16 TAC Chapter 142 rules were transferred from DSHS to be repealed to eliminate industry and public confusion. (41 TexReg 7585). These rules were formerly located at 22 TAC Chapter 871. The adopted repeal is necessary to complete the implementation of S.B. 202.
The adopted repeal of Subchapter A, §§142.1 - 142.20 eliminates industry and public confusion by removing duplicate and obsolete rules for the Athletic Trainers program.
The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the October 21, 2016, issue of the Texas Register (41 TexReg 8238). The deadline for public comments was November 21, 2016. The Department received one comment on the proposed repeal during the 30-day public comment period.
Comment--The commenter wanted to know which rules specifically the Department was repealing and referring to as obsolete.
Department Response --The Department is repealing all of the Athletic Trainer rules that were transferred from DSHS and formerly located at 22 TAC Chapter 871. To complete the implementation of S.B. 202, the Department transferred the previous Athletic Trainer rules from Title 22, Chapter 871 to Title 16, Chapter 142. The Department proposed the repeal of the transferred rules since they are duplicate and obsolete. The Commission already has its own set of Athletic Trainers rules at 16 TAC Chapter 110. The Commission’s rules at 16 TAC Chapter 110 are not affected by this repeal.
At its meeting on January 27, 2017, the Commission adopted the proposed repeal.
The repeal is adopted under Texas Occupations Code, Chapters 51 and 451, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 451. No other statutes, articles, or codes are affected by the adoption.
[Subchapter A. General Guidelines and Requirements.]
[§142.2. Scope of Practice.]
[§142.3. The Board’s Operation.]
[§142.4. Petition for Rulemaking.]
[§142.5. Processing Applications.]
[§142.8. Student Athletic Trainer Activities.]
[§142.9. Examination for Licensure.]
[§142.10. Temporary License.]
[§142.11. License Renewal.]
[§142.12. Continuing Education Requirements.]
[§142.13. Standards for Conduct.]
[§142.14. Violations, Complaints and Disciplinary Actions.]
[§142.15. Licensing of Persons with Criminal Backgrounds to be Athletic Trainers.]
[§142.16. Formal Hearings.]
[§142.17. Suspension of License Relating to Child Support and Child Custody.]
[§142.18. Administrative Penalties.]
[§142.19. Request for Criminal History Evaluation Letter.]
[§142.20. Licensing of Military Service Members, Military Veterans, and Military Spouses.]
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State, on February 7, 2017.
Brian E. Francis
Texas Department of Licensing and Regulation
Health Professions Transition FAQs
1. When did the transfer happen?
The Texas Department of Licensing and Regulation (TDLR) assumed all activities relating to the Athletic Trainers program — including licenses and renewals, customer service and enforcement — on October 3, 2016.
2. Now that the transfer is complete, will I need to get a new license issued by TDLR?
No. The license you have now — issued by the Texas Department of State Health Services (DSHS) — remains valid until its expiration date. When you renew, you will receive a TDLR license.
3. Have the rules changed?
Yes, TDLR adopted rules for all of the transferred programs. Most of the newly adopted rules are very similar, but some changes have been made. The TDLR health profession rules became effective on October 1, 2016. View the rule changes and links to the TDLR rules
4. What is going to happen with open complaints and cases?
If you filed a complaint with DSHS or had a complaint filed against your license and it was not resolved by the transfer date, TDLR assumed responsibility for the case. You should have already received notification by mail that your complaint was transferred to TDLR.
5. How do I stay informed about changes impacting me?
You have several options to stay connected:
- Email updates - Sign up for email updates to receive notices about rules, the law, fees, examination requirements, meetings and more. Email updates are the best way for you to stay informed.
- Meetings - TDLR’s advisory board and Commission meetings are available to watch online live or later at your convenience.
- Facebook and Twitter - TDLR has a Facebook page and Twitter account dedicated to TDLR Health Professions.
6. Why was my license expiration date extended? Will I have the same expiration date in the future?
To ease the transition, DSHS extended the expiration date by two months for licenses previously set to expire in August, September, and October 2016. For example, if your original expiration date was September 30, your new expiration date is November 30. If your license was extended, you will continue to renew your license in the new expiration month in the future.
7. Will I have to renew on a different schedule?
You will renew on the same schedule unless your license expired in August, September or October 2016. Licenses expiring in those months were extended for two months to ease the transition from DSHS to TDLR. If your license was extended, you will now renew in your new expiration month for future renewals. Your license expiration date will not return to your original expiration month.
8. Why were licensing programs transferred from DSHS to TDLR?
The transfer is the result of a change to Texas law. In 2015, the Texas Legislature passed Senate Bill 202, which transferred several licensing programs from the DSHS to TDLR.
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