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The Dietitians Advisory Board meeting scheduled for today, February 2, 2017 is canceled for lack of a quorum. When the meeting is rescheduled, the date will be posted online.
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- Notice of Board Vacancies
- Adoption of new Chapter 100 administrative rules
- Health Professions Transition FAQs
- Repeal of Chapter 141 administrative rules
- Criminal Conviction Guidelines approved
The Texas Commission of Licensing and Regulation adopted new rules regarding the General Provisions For Health Related Programs (16 Texas Administrative Code, Chapter 100, §100.1, 100.10, 100.20, 100.30 and 100.40). The adoption justification may be viewed on TDLR’s web site and the adopted rule chapter has been posted as well.
Repeal of Chapter 141 administrative rules
The Texas Department of Licensing and Regulation (Department) proposes the repeal of current rules at 16 Texas Administrative Code (TAC), Chapter 141, Subchapter A, §141.1 - 141.22, regarding the Dietitians program.
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 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 Dietitians program located at 16 TAC Chapter 116. The Commission's rules were effective October 1, 2016. (41 TexReg 4481). The Department officially commenced all regulatory functions for the Dietitians program on October 3, 2016.
The current 16 TAC Chapter 141 rules were transferred from DSHS to be repealed to eliminate industry and public confusion.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 711. The proposed repeal is necessary to complete the implementation of S.B. 202.
The proposed repeal of Subchapter A, §141.1-141.22 eliminates industry and public confusion by removing duplicate and inactive rules for the Dietitians program.
Brian E. Francis, Executive Director, has determined that for the first five-year period the proposed rule repeal is in effect, there will be no direct cost to state or local government related to the repeal. There is no estimated increase or decrease in revenue to the state as a result of the proposed repeal.
Mr. Francis also has determined that for each year of the first five-year period the proposed repeal of the rules is in effect, the public will benefit from the elimination of confusion that would result from the location of two sets of rules for the Dietitians program in chapter 16 of the Texas Administrative Code.
The proposed rule repeal has no anticipated economic effect on small and micro-businesses and the repeal requires no compliance by any persons.
Since the agency has determined that the proposed repealed rules will have no adverse economic effect on small or micro-businesses, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, under Texas Government Code §2006.002, is not required.
Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) 475-3032; or electronically to firstname.lastname@example.org. The deadline for comments is 30 days after publication in the Texas Register.
The repeal is proposed under Texas Occupations Code, Chapters 51 and 701, 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 proposal are those set forth in Texas Occupations Code, Chapters 51 and 701. No other statutes, articles, or codes are affected by the proposal.
[Subchapter A. Licensed Dietitians.]
[§141.2 The Board's Operation.]
[§141.4 The Profession of Dietetics and Code of Ethics.]
[§141.5 Academic Requirements for Licensure.]
[§141.6 Preplanned Professional Experience Requirements for Licensure.]
[§141.7 Examination for Dietitian Licensure.]
[§141.8 Application Procedures.]
[§141.9 Determination of Eligibility for Licensure.]
[§141.10 Provisional Licensed Dietitians.]
[§141.11 Qualifications of Licensed Dietitians to Provide Diabetes Self-Management Training.]
[§141.13 Temporary License.]
[§141.14 Changes of Name or Address.]
[§141.15 License Renewal.]
[§141.16 Continuing Education Requirements.]
[§141.17 Licensing of Persons with Criminal Convictions.]
[§141.18 Violations, Complaints and Subsequent Board Actions.]
[§141.19 Formal Hearings.]
[§141.20 Informal Disposition.]
[§141.21 Default Orders.]
[§141.22 License Suspension or Denial Relating to Child Support and Child Custody.]
This agency hereby certifies that the proposal 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 October 10, 2016.
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 Dietitians 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.
Criminal Conviction Guidelines approved
The Texas Commission of Licensing and Regulation (Commission) provides this public notice that, at its regularly scheduled meeting held October 5, 2016, the Commission adopted amendments to the Texas Department of Licensing and Regulation’s (Department’s) Criminal Conviction Guidelines pursuant to Texas Occupations Code §53.025(a). The Criminal Conviction Guidelines are updated from the original guidelines published on December 5, 2003 (28 TexReg 11018) to include the Dietitians program.
The Criminal Conviction Guidelines (guidelines) describe the process by which the Department determines whether a criminal conviction renders an applicant an unsuitable candidate for the license, or whether a conviction warrants revocation or suspension of a license previously granted. The guidelines present the general factors that are considered in all cases and the reasons why particular crimes are considered to relate to each type of license issued by the Department.
Senate Bill 202, 84th Legislature, Regular Session (2015), transferred the Dietitians program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation and amended Texas Occupations Code, Chapter 451. The statutory changes were effective September 1, 2015; the adopted rules became effective October 1, 2016; and the Department commenced all regulatory functions for the Dietitians program on October 3, 2016.
The Criminal Conviction Guidelines for the Dietitians program will become a part of the overall guidelines that are already in place for other Department programs. The Department presented the applicable guidelines to the Advisory Board of Dietitians at its meeting on September 15, 2016, and received the Board’s recommendation of approval.
A copy of the complete Criminal Conviction Guidelines is posted on the Department’s website and may be obtained at https://www.tdlr.texas.gov/crimconvict.htm . You may also contact the Enforcement Division at (512) 539-5600 or by email at email@example.com to obtain a copy of the complete guidelines.
The Dietitians program licenses and regulates dietitians in Texas. A license is required to use the titles "Licensed Dietitian" and "Provisionally Licensed Dietitian." A license is not required to use the titles "Dietitian" or "Nutritionist."
"Dietetics" means the professional discipline of applying and integrating scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences under different health, social, cultural, physical, psychological, and economic conditions for the proper nourishment, care, and education of an individual or group throughout the life cycle to achieve and maintain human health. The term includes the development, management, and provision of nutrition services.
The Dietitians Advisory Board met September 15 in Austin. The agenda and Staff Reports are available online. The meeting was archived and is available on TDLR's YouTube channel.
On October 14, 2015, the Texas Commission of Licensing and Regulation voted unanimously to appoint six members to the Dietitians Advisory Board:
- Dietitian - Community: Irma Gutierrez, Georgetown, Texas. Term expires 9/1/2017.
- Dietitian - Management: Janet Suzanne Hall (Presiding Officer), Georgetown, Texas. Term expires 9/1/2021.
- Dietitian - Clinical: Matilde Ladnier, Sugar Land, Texas. Term expires 9/1/2017.
- Dietitian: Aida Moreno-Brown, El Paso, Texas. Term expires 9/1/2019.
- Dietitian - Consultant: LeAnne C. Skinner, Austin, Texas. Term expires 9/1/2019.
- Dietitian - Educational: Mary Kate Weems, Waco, Texas. Term expires 9/1/2021.
FOR MORE INFORMATION - Send an email to firstname.lastname@example.org or call (800) 803-9202 or (512) 463-6599.