Justification for Adoption of Administrative Rules

JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Dyslexia Therapy
16 Texas Administrative Code, amendments to Chapter 120, §120.26

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 120, §120.26, regarding the Dyslexia Therapy program, without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1160).

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 120, implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists.

The adopted rule is necessary to implement House Bill (HB) 2059, 86th Legislature, Regular Session (2019). HB 2059 amends the Occupations Code by adding new Chapter 116, Training Course on Human Trafficking Prevention, which requires certain health care practitioners, including licensed dyslexia therapists and licensed dyslexia practitioners, to successfully complete a training course approved by the executive commissioner of the Health and Human Services Commission (HHSC) on identifying and assisting victims of human trafficking as a condition for renewal of a license on or after September 1, 2020. The adopted rule adds proof of completion of such training to the list of items required for renewal of a licensed dyslexia therapist license and a licensed dyslexia practitioner license on or after September 1, 2020.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §120.26, Renewal, by changing subsection (b) to include the requirement for proof of completion of the human trafficking prevention training to be submitted to the Department for renewal of a license on or after September 1, 2020. The previously existing language in subsections (b) - (d) is transferred to subsections (c) - (e), respectively, resulting in the creation of new subsection (e).

PUBLIC COMMENTS

The Department drafted and distributed the proposed rule to persons internal and external to the agency. The proposed rule was published in the February 21, 2020, issue of the Texas Register (45 TexReg 1160). The deadline for public comments was March 23, 2020. The Department received comments from four interested parties on the proposed rule during the 30-day public comment period. The public comments are summarized below.

Comment: One comment opposing the proposed rule suggests that the training course requirement should be limited to licensees working in a public school setting or to those having more than eight private practice students.

Department Response: The Department disagrees with the comment. The training course requirement was imposed by the Texas Legislature through the passage of HB 2059 and the creation of new Texas Occupations Code, Chapter 116. The Department does not have the authority to limit the applicability of the requirement as the comment suggests. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One comment opposing the proposed rule states that dyslexia therapists do not need any training beyond that which they already receive for detecting child abuse or neglect.

Department Response: The Department disagrees with the comment. The training requirement was imposed by the Texas Legislature through the passage of HB 2059 and the creation of new Texas Occupations Code, Chapter 116. Because licensed dyslexia therapists are health care practitioners under Title 3 of the Texas Occupations Code, they are subject to the requirement. The Department does not have the authority to limit the applicability of the requirement as the comment suggests. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One comment opposing the proposed rule states that the training requirement should not apply to dyslexia therapists because it is an unnecessary burden and human trafficking is not associated with dyslexia.

Department Response: The Department disagrees with the comment. The training requirement was imposed by the Texas Legislature through the passage of HB 2059 and the creation of new Texas Occupations Code, Chapter 116. Because licensed dyslexia therapists are health care practitioners under Title 3 of the Texas Occupations Code, they are subject to the requirement. The Department does not have the authority to limit the applicability of the requirement as the comment suggests. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One comment supports the proposed rule as long as the required training course is free of charge and available online.

Department Response: Occupations Code §116.002(b)(1) does require at least one of the approved training courses to be available without charge. There is no requirement in new Occupations Code, Chapter 116, for the training courses to be available online; however, HHSC currently has an approved online training course listed on its website. The Department did not make any changes to the proposed rule in response to this comment.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Dyslexia Therapy Advisory Committee met on January 27, 2020 to discuss the proposed rule and recommended publishing the proposed rule without changes in the Texas Register. The Advisory Committee did not hold a second meeting to discuss the public comments, due to circumstances caused by the COVID-19 situation. At its meeting on June 30, 2020, the Commission adopted the proposed rules as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapters 51 and 403, 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 adopted rule are those set forth in Texas Occupations Code, Chapters 51, 116, and 403. No other statutes, articles, or codes are affected by the adopted rule.

  • 120.26. Renewal.

(a) To renew a license, a license holder must:

(1) submit a complete renewal application on a department-approved form;

(2) successfully pass a criminal history background check;

(3) complete 20 hours of continuing education required under §120.25;

(4) comply with the continuing education audit process described under §120.25, as applicable; and

(5) submit the fee required under §120.80.

(b) For each license renewal on or after September 1, 2020, the licensed dyslexia therapist and the licensed dyslexia practitioner must complete the human trafficking prevention training required under Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.

(c) Each license holder is responsible for renewing the license before the expiration date and shall not be excused from paying additional fees or penalties. Failure to receive notification prior to the expiration date of the license, shall not excuse failure to apply for renewal or late renewal.

(d) A person whose license has expired may late renew the license in accordance with §60.31 (relating to License Renewal Applications) and §60.83 (relating to Late Renewal Fees) of this title.

(e) A person whose license has expired may not use the title or represent or imply that he or she has the title of "licensed dyslexia therapist" or "licensed dyslexia practitioner" and may not use any facsimile of those titles in any manner.

REVIEW BY AGENCY COUNSEL

The agency certifies that legal counsel has reviewed the adoption 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 10, 2020.

Brad Bowman
General Counsel
Texas Department of Licensing and Regulation