DSHS Transfer Programs (Phase 1) Highlights of Substantive Rule Changes

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Common Changes in Rules Across DSHS Transfer Programs

Deleted Provisions

TDLR eliminated rules that were already addressed in the Commission’s and Department’s enabling statute, Occupations Code Chapter 51, and in the procedural rules at 16 TAC Chapter 60, both of which apply to all TDLR programs. Examples include:

  • Late Renewal Timeframes
  • Petitions for Rulemaking
  • Complaints (Non-Standard of Care Complaints) and Alleged Violations
  • Administrative Hearings
  • Enforcement and Disciplinary Actions
  • Provisions Regarding Applicants with Criminal Histories
  • Military Licensing Provisions

TDLR eliminated rules on issues that are addressed by other methods such as the Criminal Conviction Guidelines and the Enforcement Penalty Matrix.

TDLR eliminated rules that were no longer necessary or supported based on the statutory changes of Senate Bill 202.

Fees

TDLR removed program-specific rules and adopted the TDLR standard fees for:

  • Dishonored Payment Device (16 TAC §60.82) = $50.
  • Criminal History Determination Letter (16 TAC §60.42) = $25.
  • Late Renewal Fee Schedule (Occ. Code §51.401 and 16 TAC §60.83):
  • Expired 90 days or less = One and one half times the regular renewal fee;
  • Expired 91 days to less than 18 months = Two times the regular renewal fee;
  • Expired 18 months to less than 3 years (with Executive Director’s approval) = Two times the regular renewal fee.

Standardized fee changes for the items above resulted in some TDLR fees being higher and some being lower than the DSHS fees.

TDLR rules eliminated the following fees that were charged by DSHS:

  • Subscription and convenience fees for initial and renewal applications processed through Texas Online.
  • Fees charged for initial and renewal applications to fund the Office of Patient Protection, Health Professions Council.
Policy Boards/Advisory Boards

DSHS Policy Boards changed to TDLR Advisory Boards in program statutes.

As a result, the following changed:

  • Powers and duties of theses boards changed to advisory only.
  • Appointment of advisory board members and chairs changed to chair of Commission (except Orthotists and Prosthetists chair is elected by the members).
  • Reimbursement of travel and expenses eliminated.
  • Licensing authority transferred from board to state agency.
  • Handling of complaints and enforcement cases transferred from board to state agency.

Athletic Trainers Rules
Highlights of Substantive Rule Changes

Examination Requirements

TDLR rules change the “notice by mail” for exam information to any form of notice including by email. This allows the agency to realize a cost savings by eliminating postage expense.
New TDLR Rule(s): 16 TAC §110.23
Previous DSHS Rule(s): 22 TAC §871.9

Continuing Education

TDLR rules removed the bar to online education by allowing unlimited continuing education hours online for renewal. The new rule under TDLR stripped this barrier to cost effective continuing education and allowed licensees to partake of the established and widely-used industry standard of unlimited online continuing education.
New TDLR Rule(s): 16 TAC §110.25
Previous DSHS Rule(s): 22 TAC §871.12

DSHS limited the amount of online education that could be used for license renewal to 8 hours. The remaining requisite continuing education hours had to be completed in on-site approved courses.
New TDLR Rule(s): 16 TAC §110.25
Previous DSHS Rule(s): 22 TAC §871.12

View the Athletic Trainers rules effective October 1, 2016


Dietitians Rules
Highlights of Substantive Rule Changes

Terminology

TDLR rules change terminology and references from “American Dietetic Association” to “Academy of Nutrition and Dietetics”.
New TDLR Rule(s): 16 TAC §116.2
Previous DSHS Rule(s): 22 TAC §711.1

Experience Requirements

TDLR Experience Rule - TDLR rule on pre-planned professional experience programs and internships is more streamlined than the current DSHS rule. TDLR rule eliminated:

  • the program approval committee and some procedures;
  • the requirement that sponsors have five years of full time experience and not sponsor more than one program at a time;
  • the curriculum guidelines including specific percentages of time and specific types of curriculum; and
  • some of the requirements regarding documentation.

New TDLR Rule(s): 16 TAC §116.30
Previous DSHS Rule(s): 22 TAC §711.6

Examination Requirements

Examination Rules - TDLR rules incorporated provisions from §711.7, §711.10, and other elements due to the statutory requirements under Occ. Code §701.253, 701.254, 701.255, 701.257, and 701.2575.
New TDLR Rule(s): 16 TAC §116.40 §116.44
Previous DSHS Rule(s): 22 TAC §711.7, §711.10(e)

TDLR Examination Rules - TDLR rules addressing examination requirements contain more details than current DSHS rules.
New TDLR Rule(s): 16 TAC §116.40 §116.44
Previous DSHS Rule(s): 22 TAC §711.7, §711.10(e)

Jurisprudence Examination - New TDLR rule addresses the Jurisprudence Examination. Change implements Occ. Code §701.2575. (No current DSHS rules regarding the specifics of the Jurisprudence Examination. The only requirement is to submit proof of successfully completing the Texas Jurisprudence Exam.)
New TDLR Rule(s): 16 TAC §116.44
Previous DSHS Rule(s): 22 TAC §711.8(b)(2)

Supervision Requirements

Supervision Terminology - TDLR rules change the terminology from “sponsorship” to “supervision” and from “sponsor” to “supervisor” to conform to the statute (Occ. Code §701.254 and §701.259).
New TDLR Rule(s): Throughout the rules, but primarily 16 TAC §116.65
Previous DSHS Rule(s): Throughout the rules, but primarily 22 TAC §711.10

Supervision Reporting Requirements - TDLR rules include a provision in the supervision section that would allow TDLR to establish procedures, processes and mechanisms for the monitoring and reporting of the supervision requirements for provisional licensed dietitians. The goal is to reduce the amount of paper being submitted to and processed by the Department by allowing for online submission and reporting of information in the future.
New TDLR Rule(s): 16 TAC §116.65
Previous DSHS Rule(s): No DSHS rules.

Continuing Education

TDLR rules change the continuing education requirements for provisional licensees to 6 hours per year. Change conforms to statute and one year license term. (Occ. Code §701.259, §701.303.) (DSHS rules require full and provisional licensees to take 12 hours of continuing education during each two year licensing period. However, provisional licenses are one year licenses and can only be renewed twice.)
New TDLR Rule(s): 16 TAC §116.80
Previous DSHS Rule(s): 22 TAC §711.16(b)

Fees

TDLR rules increased the application processing fee for preplanned professional experience approval from $300 to $350.

  • Change conforms to the statute: “The commission may not set a fee that existed on September 1, 1993, in an amount that is less than the amount of that fee on that date.” (Occ. Code §701.154)
  • This fee existed on 9/1/1993 and was in the amount of $350. TDLR increased the current DSHS fee to comply with the statute and the DSHS fee amount that was in effect on that date.

New TDLR Rule(s): 16 TAC §116.110 (b)(4), (c)(4)
Previous DSHS Rule(s): 22 TAC §711.3

TDLR rules eliminated the written verification of license fee of $25.
New TDLR Rule(s): No TDLR rule.
Previous DSHS Rule(s): 22 TAC §711.3

TDLR rules eliminated the fee of $80 for license reinstatement following suspension under the Family Code.
New TDLR Rule(s): No TDLR rule.
Previous DSHS Rule(s): 22 TAC §711.3

TDLR rules increased the duplicate/replacement fee from $20 to $25.
New TDLR Rule(s): 16 TAC §116.110
Previous DSHS Rule(s): 22 TAC §711.3

View the Dietitians rules effective October 1, 2016


Hearing Instrument Fitters and Dispensers Rules
Highlights of Substantive Rule Changes

Supervision Requirements

Type of Supervision for Apprentices - TDLR rules change supervision requirements from “indirect” supervision to “direct or indirect” supervision for apprentices. Either type of supervision is appropriate for an apprentice. Changes conforms to statute (Occ. Code §402.207(c)).
New TDLR Rule(s): 16 TAC §112.43
Previous DSHS Rule(s): 22 TAC §141.8(b)

Supervision Ratios:

  • TDLR rules eliminate the restriction on the number of apprentices that can be supervised by a licensee. There is no statutory limit on the number of apprentices that can be supervised at one time.
    New TDLR Rule(s): 16 TAC §112.43
    Previous DSHS Rule(s): 22 TAC §141.8(c)
  • TDLR rules reflect the statutory limit on the number of temporary training permit holders that can be supervised by a licensee at one time (no more than two). (Occ. Code §402.255(e)).
    New TDLR Rule(s): 16 TAC §112.53
    Previous DSHS Rule(s):
    22 TAC §141.8(c)

(DSHS rules imposed a supervision limit for both apprentice permit holders and temporary training permit holders. “A supervisor may not supervise more than two permit holders of each type at one time.”)

Supervision Reporting Requirements - TDLR rules include provisions in the permit supervision sections that would allow TDLR to establish procedures, processes and mechanisms for the monitoring and reporting of the supervision requirements for apprentices and temporary training permit holders to the extent possible. The goal is to reduce the amount of paper being submitted to and processed by the Department by allowing for online submission and reporting of information in the future.
New TDLR Rule(s): 16 TAC §112.43, §112.53
Previous DSHS Rule(s): 22 TAC §141.8

Licensing Requirements

Temporary Training Permit Requirement - New TDLR rules address the temporary training permit application requirement of “never taken the exam before.” Change conforms to statute (Occ. Code §402.251).
New TDLR Rule(s): 16 TAC §112.50
Previous DSHS Rule(s): No DSHS rules

License Term and Expiration - Under TDLR rules, a hearing instrument fitter and dispenser license is valid for two years after the date of issuance and the expiration date is based on the date of license issuance. (Occ. Code §402.301) (DSHS rules state that a license is issued for the term of two years, must be renewed biennially, and the renewal date of a license shall be the last day of the licensee’s birth month.)
New TDLR Rule(s): 16 TAC §112.32
Previous DSHS Rule(s): 22 TAC §141.13

Permit Term and Expiration:

  • Under TDLR rules, an apprentice permit is valid for one year. It may be extended for an additional period not to exceed one year. (Occ. Code §402.207) (DSHS rules reflect prior statutory requirements that apprentice permit is valid for one year unless it is extended for an additional period not to exceed 6 months.)
    New TDLR Rule(s): 16 TAC §112.42
    Previous DSHS Rule(s):
    22 TAC §141.8(b)
  • Under TDLR rules, a temporary training permit is valid for one year. It may be extended for an additional period not to exceed one year, and it may not be extended more than once. (Occ. Code §402.253) (DSHS rules silent on term and extension of temporary training permit.)
    New TDLR Rule(s): 16 TAC §112.52
    Previous DSHS Rule(s): 22 TAC §141.8(a)

Permit Extensions:

  • New TDLR rules address the permit extension process for apprentice permits and temporary training permits.
    New TDLR Rule(s): 16 TAC §112.42
    Previous DSHS Rule(s): No DSHS rules.
  • Apprentice permit holders and temporary training permit holders do not renew their permits, but they may extend them for an additional period not to exceed one year. Change conforms to statute (Occ. Code §402.207 and §402.253). (Previous statute allowed both types of permits to be extended for an additional period not to exceed six months.)
    New TDLR Rule(s): 16 TAC §112.52
    Previous DSHS Rule(s): No DSHS rules.

Criminal History Background Checks for Initial Applications:

  • TDLR rules change criminal background check for an apprentice permit and a temporary training permit from a fingerprint criminal history background check to a standard (non-fingerprint) criminal history background ground check. Change conforms to statute (Occ. Code §402.210, Criminal History Record Information Requirement for License Issuance). (DSHS rules have fingerprint background checks for permits and licenses.)
    New TDLR Rule(s): 16 TAC §112.40, §112.50
    Previous DSHS Rule(s): 22 TAC §141.26
  • Under TDLR rules, hearing instrument fitter and dispenser license continues to have a fingerprint criminal history background checks at initial application. (same as DSHS rules)
    New TDLR Rule(s): 16 TAC §112.30
    Previous DSHS Rule(s):
    22 TAC §141.26
  • Under TDLR rules, license holder from another state must provide a statement of the applicant’s criminal history acceptable to the Department. (same as DSHS rules)
    New TDLR Rule(s): 16 TAC §112.33
    Previous DSHS Rule(s):
    22 TAC §141.10

Criminal History Background Checks for Renewals:

  • Under TDLR rules, the hearing instrument fitter and dispenser license has a standard (non-fingerprint) background checks at renewal to conform to statute. Statutory provision regarding fingerprint criminal history background checks at renewal expired 2/1/2015 (Occ. Code §402.302).
    New TDLR Rule(s): 16 TAC §112.32
    Previous DSHS Rule(s):
    22 TAC §141.27
  • Apprentice and temporary training permits are not renewed, but they can be extended. TDLR rules silent as to criminal history background check for extensions.
    New TDLR Rule(s): 16 TAC §112.42, §112.52
    Previous DSHS Rule(s): No DSHS rules.
Financial Security

TDLR rules specify the accepted forms of financial security to include surety bonds, deposit of cash, certificate of deposit, or letter of credit.
New TDLR Rule(s): 16 TAC §112.60
Previous DSHS Rule(s): 22 TAC §141.11

New TDLR rule regarding recovery on surety bond or other form of financial security.
New TDLR Rule(s): 16 TAC §112.61
Previous DSHS Rule(s): No DSHS Rule.

Continuing Education

TDLR rules change the references from “contact hour” to “continuing education hour” and change the amount of time from 55 minutes to 50 minutes for the continuing education requirements. Change conforms to TDLR CE rule 16 TAC §59.30(k).
New TDLR Rule(s): 16 TAC §112.2,§112.44, §112.53,§112.70
Previous DSHS Rule(s): 22 TAC §141.2, §141.14

Responsibilities of the Licensee

TDLR rules regarding conditions of sale state: “A license holder or permit holder shall comply with the federal regulations adopted by the U.S. Food and Drug Administration at Title 21 Code of Federal Regulations §801.420 and §801.421. A link to the federal regulations will be available online through the department’s website.”§ Change conforms with federal regulations.
New TDLR Rule(s): 16 TAC §112.96
Previous DSHS Rule(s): 22 TAC §141.16(a)

Fees

Hearing Instrument Fitter and Dispenser License initial and renewal application fees (for two-year license) reduced from $405 to $205.
New TDLR Rule(s): 16 TAC §112.110
Previous DSHS Rule(s): 22 TAC §141.6(c) (f)

New fees for extending apprentice permits and temporary training permits are $25.
New TDLR Rule(s): 16 TAC §112.110
Previous DSHS Rule(s): 22 TAC §141.6(c) (f)

The fee charged for retaking the practical examination reduced from $125 to $100.
New TDLR Rule(s): 16 TAC §112.110
Previous DSHS Rule(s): 22 TAC §141.6(c) (f)

Continuing Education Provider (Sponsor) Fee reduced from $500 to $200 per year.
New TDLR Rule(s): 16 TAC §112.110
Previous DSHS Rule(s): 22 TAC §141.6(c) (f)

TDLR rules eliminated the permit or license verification letter fee of $10.
New TDLR Rule(s): 16 TAC §112.110
Previous DSHS Rule(s): 22 TAC §141.6(c) (f)

TDLR rules eliminated the reinstatement fee of $55 for a license that was suspended for failure to pay child support.
New TDLR Rule(s): 16 TAC §112.110
Previous DSHS Rule(s): 22 TAC §141.6(c) (f)

View the Hearing Instrument Fitters and Dispensers rules effective October 1, 2016


Licensed Dyslexia Therapists and Practitioners Rules
Highlights of Substantive Rule Changes

Advisory Board

Under TDLR rules, the presiding officer of the advisory committee appointed by TDLR commission. (Under DSHS rules, advisory committee elects the presiding officer.)
New TDLR Rule(s): 16 TAC §120.65-120.69
Previous DSHS Rule(s): 25 TAC §140.579

Licensing Requirements

Licensing Documentation - TDLR rules eliminated requirements to collect written, signed statements or replaced them with online alternatives in the application process.
New TDLR Rule(s): 16 TAC §120.20
Previous DSHS Rule(s): 25 TAC §140.580

Education Requirements for License - TDLR rules clarify and settle that licensed dyslexia therapists may continue to renew without meeting the requirement for a master’s degree that had not been imposed at the time of their original licensure but is now required of new licensees.
New TDLR Rule(s): 16 TAC §120.21
Previous DSHS Rule(s): 25 TAC §140.582

Criminal History Background Checks - TDLR rules require a criminal history background check for applicants, replacing the previous mere request to disclose criminal history in the application under the DSHS rules.
New TDLR Rule(s): 16 TAC §120.20, §120.26
Previous DSHS Rule(s): 25 TAC §140.580, §140.587

Continuing Education

TDLR rules eliminate the 180-day extension period beyond license expiration to complete continuing education requirements. (DSHS rules provide 180-day extension period.)
New TDLR Rule(s): No TDLR rules.
Previous DSHS Rule(s): 25 TAC §140.589

Fees

Duplicate license fee ($20) eliminated.
New TDLR Rule(s): 16 TAC §120.80
Previous DSHS Rule(s): 25 TAC §140.577

Student loan default reinstatement fee ($50) eliminated.
New TDLR Rule(s): 16 TAC §120.80
Previous DSHS Rule(s): 25 TAC §140.577

View the Licensed Dyslexia Therapists and Practitioners rules effective October 1, 2016


Midwives Rules
Highlights of Substantive Rule Changes

Advisory Board

As in keeping with the statutory change of making the DSHS policy board into a TDLR Advisory Board, procedures for the midwifery board were dramatically edited down to eliminate procedures not based in statute and rule redundancies.
New TDLR Rule(s): 16 TAC §115.3 - 115.7
Previous DSHS Rule(s): 22 TAC §831.3

Licensing Requirements

TDLR rules restructured existing renewal language for retired midwife performing charity work to eliminate confusing language and make clear efficient procedure.
New TDLR Rule(s): 16 TAC §115.16
Previous DSHS Rule(s): 22 TAC §831.16

Fees

TDLR raised the late renewal fees:

  • 90 days late
    • Old DSHS Fee - $687.50
    • New TDLR Fee - $825
  • More than 90 days
    • Old DSHS Fee - $825
    • New TDLR Fee - $1,100

New TDLR Rule(s): 16 TAC §115.80
Previous DSHS Rule(s): 22 TAC §831.12

View the Midwives rules effective October 1, 2016


Orthotists and Prosthetists Rules
Highlights of Substantive Rule Changes

Advisory Board

TDLR rules reflect the changes in the membership of the advisory board as 2 prosthetists, 2 orthotists, 1 prosthetist/orthotist, 1 prosthesis user and 1 orthosis user. Change conforms to statute per SB 202 (§605.052). (The previous version of the statute specified the membership of the policy board as 1 prosthetist, 1 orthotist, 1 prosthetist/orthotist, 1 prosthesis user, 1 orthosis user, and 2 public non-users.)
New TDLR Rule(s): 16 TAC §114.65
Previous DSHS Rule(s): No DSHS rules.

Licensing Requirements

Criminal History Background Checks - Applicants for initial and renewal credentials must pass criminal background checks, replacing the previous mere request to disclose criminal history in the application under the DSHS rules.
New TDLR Rule(s): 16 TAC §114.20(g), 114.40
Previous DSHS Rule(s): 22 TAC §821.5, 821.17

Licensing Documentation:

  • TDLR rules require only “uniquely qualified applicants” to submit two references. (DSHS rules require “applicants” to submit two references.)
    New TDLR Rule(s): 16 TAC §114.20
    Previous DSHS Rule(s): 22 TAC §821.5
  • TDLR rules removed requirements to collect written, signed statements, affidavits, and references or replaced them with online alternatives.
    New TDLR Rule(s): 16 TAC §114.20, 114.22, 114.29, 114.50
    Previous DSHS Rule(s): 22 TAC §821.5(c), 821.9, 821.15, 821.18

Licensing Examinations - TDLR rule states that the department may require the applicant to pass the exam if other qualifications are inconclusive to determine whether to license the applicant. (DSHS rules state that applicants for uniquely qualified licensure must pass the exam.)
New TDLR Rule(s): 16 TAC §114.23
Previous DSHS Rule(s): 22 TAC §821.8

Renewal Requirements - Under TDLR rules, no renewal unless continuing education has been completed. (Under DSHS rules, renewal possible even if continuing education has not been completed.)
New TDLR Rule(s): 16 TAC §114.50
Previous DSHS Rule(s): 22 TAC §821.18

Supervision Requirements

TDLR rules provide that when assistant patient care services are performed by an assistant, the supervising licensed practitioner must review and sign off on the clinical note written by the assistant within ten working days of the date the service was provided.
New TDLR Rule(s): 16 TAC §114.27
Previous DSHS Rule(s): 22 TAC §821.10

TDLR rules state that "immediate supervision" is now required to be "in the physical presence of the supervisor" when assistants are performing critical care events.
New TDLR Rule(s): 16 TAC §114.27
Previous DSHS Rule(s): 22 TAC §821.10

Inspection Requirements

TDLR rules now include additional, specific, minimum requirements to facilitate sanitation and safety inspections for facilities where orthotics and prosthetics are practiced. An inspection frequency of at least two years is imposed.
New TDLR Rule(s): 16 TAC §114.29
Previous DSHS Rule(s): 22 TAC §821.15

Fees

TDLR rules reduced the fee to change the name of a facility from $400 to $50.
New TDLR Rule(s): 16 TAC §114.80
Previous DSHS Rule(s): 22 TAC §821.4

TDLR rules reduced the fee to change the name of the on-site practitioner or safety manager from $100 to $50.
New TDLR Rule(s): 16 TAC §114.80
Previous DSHS Rule(s): 22 TAC §821.4

The $100 fee to reinstate the license after a suspension under the Family Code is removed, as is the $25 fee for written license verification. The dishonored payment fee increased from $25 to $50, and the criminal history evaluation fee decreased from $50 to $25.
New TDLR Rule(s): 16 TAC §114.80
Previous DSHS Rule(s): 22 TAC §821.4

View the Orthotists and Prosthetists rules effective October 1, 2016


Speech-Language Pathologists and Audiologists Rules
Highlights of Substantive Rule Changes

Education Requirements

TDLR rules update the education requirements for an audiology license from “at least a master’s degree in with a major in at least one of the areas of communicative sciences or disorders” to “at least a doctoral degree in audiology or a related hearing science.”§ (Same as new DSHS rules.)
New TDLR Rule(s): 16 TAC §111.70, §111.75, §111.80, §111.85, §111.100, §111.105
Previous DSHS Rule(s): 22 TAC §741.81, §741.82, §741.85

Applies to audiology license, intern in audiology license, and temporary certificate of registration in audiology. TDLR rules reflect the 2011 statutory change to the education requirements for an audiology license. (Occ. Code §401.304(a)(1)(B)). The change applies to a person who applies for an audiologist license on or after September 1, 2011. (SB 613)
New TDLR Rule(s): 16 TAC §111.70, §111.75, §111.80, §111.85, §111.100, §111.105
Previous DSHS Rule(s): 22 TAC §741.81, §741.82, §741.85

TDLR rules make distinctions in terms of the educational degree held by the supervisor based on when the supervisor obtained the audiology license. (Different from new DSHS rules.) TDLR rules reflect the 2011 statutory change to the education requirements for an audiology license. (Occ. Code §401.304(a)(1)(B)). The change applies to a person who applies for an audiologist license on or after September 1, 2011. (SB 613)
New TDLR Rule(s): 16 TAC §111.154(d), §111.75, §111.80, §111.105
Previous DSHS Rule(s): 22 TAC §741.44, §741.82

TDLR rules reduce the education requirements for an assistant in audiology license from a baccalaureate degree to a high school diploma or equivalent. (Same as new DSHS rules.)
New TDLR Rule(s): 16 TAC §111.90(b)
Previous DSHS Rule(s): 22 TAC §741.84

Scope of Practice

TDLR rules update the lists of activities that a licensed audiology assistant can perform and cannot perform. (Similar to new DSHS rules; however, not all of the DSHS proposed rule changes were incorporated into the TDLR rules.)
New TDLR Rule(s): 16 TAC §111.90(f)(4) and (f)(5)
Previous DSHS Rule(s): 22 TAC §741.84(i)(4) and (5)

Supervision Requirements

Supervision Ratios:

  • TDLR rules change the supervision ratios for licensed audiologists, licensed interns in audiology, and licensed assistants in audiology based on the level of education/degree held. (The ratio under the prior and new DSHS rules is that a licensed speech-language pathologist or a licensed audiologist may supervise no more than a total of four interns and/or assistants.)
    New TDLR Rule(s): 16 TAC §111.154(e)(4)
    Previous DSHS Rule(s):
    22 TAC §741.44(d)(4)
  • TDLR rules reduce the total number of audiology interns and/or assistants that can be supervised at one time by a licensed audiologist from a total of four interns and/or assistants to a total of two interns and/or assistants, if an assistant holds a high school diploma or equivalent.
    New TDLR Rule(s): 16 TAC §111.154(e)(4)(C)
    Previous DSHS Rule(s):
    22 TAC §741.44(d)(4)
  • The supervision ratio for licensed audiologists, interns, and assistants remains the same at no more than a total of four interns and/or assistants, if an assistant holds a baccalaureate degree.
    New TDLR Rule(s): 16 TAC §111.154(e)(4)(B)
    Previous DSHS Rule(s):
    22 TAC §741.44(d)(4)
  • The supervision ratio for licensed speech-language pathologists, interns, and assistants remains the same at no more than a total of four interns and/or assistants.
    New TDLR Rule(s): 16 TAC §111.154(e)(4)(A)§
    Previous DSHS Rule(s):
    22 TAC §741.44(d)(4)
  • TDLR rules eliminate the supervision ratio exception. (This provision is the same as new DSHS rules).

Supervision of an Assistant in Speech-Language Pathology:

  • TDLR rules change the supervision hours for supervision of an assistant in speech-language pathology to a monthly basis, instead of a weekly basis. TDLR rules require same total number of hours during the month, but allow greater flexibility in scheduling and performing those supervision hours. (DSHS rules require a minimum of 2 hours/week of supervision, with at least one hour/week of which is in-person supervision.)
    New TDLR Rule(s): 16 TAC §111.50(g)(3)
    Previous DSHS Rule(s): 22 TAC §741.64(h)(3), (4), (5)
  • TDLR rules require at least 8 hours/month of supervision, with at least 4 hours of which are direct and at least 2 hours of which is in-person and onsite supervision.
    New TDLR Rule(s): 16 TAC §111.50(g)(3)
    Previous DSHS Rule(s): 22 TAC §741.64(h)(3), (4), (5)
  • TDLR rules provide that the telepractice and telehealth provisions under Subchapter V, Telehealth, may be used for up to 6 hours of supervision without applying for an exception under §111.213, Limitations on the Use of Telecommunications Technology by Speech-Language Pathologists.
    New TDLR Rule(s): 16 TAC §111.50(g)(3)
    Previous DSHS Rule(s): 22 TAC §741.64(h)(3), (4), (5)
  • TDLR rules provide that when determining the amount and type of supervision, the supervisor must consider the skill and experience of the licensed assistant as well as the services to be provided.
    New TDLR Rule(s): 16 TAC §111.50(g)(3)
    Previous DSHS Rule(s): 22 TAC §741.64(h)(3), (4), (5)
  • TDLR rules eliminate submission of alternative supervision request plan form.
    New TDLR Rule(s): 16 TAC §111.50(g)(3)
    Previous DSHS Rule(s): 22 TAC §741.64(h)(3), (4), (5)

Supervision of an Assistant in Audiology:

  • TDLR rules change the supervision hours for supervision of an assistant in audiology to a weekly or monthly basis, instead of just a weekly basis. TDLR rules require the same total number of supervision hours during the month, but allow greater flexibility in scheduling and performing those hours. (DSHS rules require supervisor to be onsite at the assistant’s employment location for at least 10 hours/week, with at least 1 hour of direct supervision at the location where the licensed assistant in audiology is employed.)
    New TDLR Rule(s): 16 TAC §111.90(e)(3)
    Previous DSHS Rule(s):
    22 TAC §741.84(e)
  • TDLR rules require supervisor to be onsite at the assistant's employment location for at least 10 hours per week, or 40 hours per month, and provide at least 1 hour per week or 4 hours per month of direct supervision, at the location where the assistant is employed. However, the supervisor shall be onsite and provide direct supervision for certain specified duties under §111.90(f)(4)(A) - (D).
    New TDLR Rule(s): 16 TAC §111.90(e)(3)
    Previous DSHS Rule(s):
    22 TAC §741.84(e)
  • TDLR rules provide that the telepractice and telehealth provisions under §111.215, Requirements for Providing Telepractice Services in Audiology, may be used except for specified duties under §111.90(f)(4)(A) - (D) where the supervisor must be onsite and provide direct supervision.
    New TDLR Rule(s): 16 TAC §111.90(e)(3)
    Previous DSHS Rule(s):
    22 TAC §741.84(e)
  • When determining the amount and type of supervision, the supervisor must consider the skill and experience of the licensed assistant as well as the services to be provided.
    New TDLR Rule(s): 16 TAC §111.90(e)(3)
    Previous DSHS Rule(s):
    22 TAC §741.84(e)

Supervision Reporting Requirements - TDLR rules include provisions in the supervision sections that allow TDLR to establish procedures, processes and mechanisms for the monitoring and reporting of the supervision requirements. The goal is to reduce the amount of paper being submitted to and processed by the Department by allowing for online submission and reporting of supervisory statements and hours in the future.
New TDLR Rule(s): Throughout TDLR rules, 16 TAC Chapter 111
Previous DSHS Rule(s): Throughout DSHS rules, 22 TAC Chapter 741

Licensing Requirements

TDLR rules change criminal background check for a temporary certificate of registration from a fingerprint criminal history background check to a standard (non-fingerprint) criminal history background ground check. (Change conforms to statute, Occ. Code §401.3041, Criminal History Record Information Requirement for License Issuance).
New TDLR Rule(s): 16 TAC §111.65, §111.105
Previous DSHS Rule(s):
22 TAC §741.65, §741.85, §741.142

Applies to temporary certificates of registration for speech-language pathology and temporary certificates of registration for audiology. (DSHS rules have fingerprint background checks for certificates of registration and licenses.)
New TDLR Rule(s): 16 TAC §111.65, §111.105
Previous DSHS Rule(s):
22 TAC §741.65, §741.85, §741.142

Under TDLR rules, all licenses continue to have fingerprint criminal history background checks at initial application. (same as DSHS rules)
New TDLR Rule(s): 16 TAC §111.35, §111.45, §111.55, §111.75, §111.85, §111.95, §111.115
Previous DSHS Rule(s): 22 TAC §741.61, §741.62, §741.63, §741.64, §741.81, §741.82, §741.83, §741.84, §741.91, §741.142

Criminal History Background Checks for Renewals:

  • Under TDLR rules, all licenses have standard (non-fingerprint) background checks at renewal to conform to statute. Statutory provision regarding fingerprint criminal history background checks at renewal expired 2/1/2015. (Occ. Code §401.3521).
    New TDLR Rule(s): 16 TAC §111.37, §111.47, §111.57, §111.77, §111.87, §111.97, §111.117
    Previous DSHS Rule(s): 22 TAC §741.163
  • Temporary certificates of registration cannot be renewed, so no background checks.
    New TDLR Rule(s): 16 TAC §111.66, §111.106
    Previous DSHS Rule(s): 22 TAC §741.161, §741.141(c)

License Term and Expiration:

  • TDLR rules provide for a specific license term and an expiration date based on the date of license issuance. (DSHS rules base initial license term and expiration on when the applicant applies for the license and the applicant’s birth month. DSHS rules have expiration as the last day of the applicant’s/licensee’s birth month.)
    New TDLR Rule(s): 16 TAC §111.37, §111.47, §111.57, §111.66, §111.77, §111.87, §111.97, §111.106, §111.117
    Previous DSHS Rule(s): 22 TAC §741.141, §741.161, §741.164
  • TDLR rules eliminate a 60-day grace period after the expiration date of the license. TDLR license expires on the specified expiration date. The person must stop practicing after the license expires, and a renewal after the expiration date is a late renewal. (DSHS rules allowed a 60-day grace period after license expiration before the person had to stop practicing and before the renewal was considered late.)
    New TDLR Rule(s): 16 TAC §111.37, §111.47, §111.57, §111.66, §111.77, §111.87, §111.97, §111.106, §111.117
    Previous DSHS Rule(s): 22 TAC §741.141, §741.161, §741.164

Licensing Reporting Requirements - TDLR rules include provisions in the licensing sections that would allow TDLR to establish procedures, processes and mechanisms for the monitoring and reporting of the supervision requirements. The goal is to reduce the amount of paper being submitted to and processed by the Department by allowing for online submission and reporting of information in the future.
New TDLR Rule(s): Throughout TDLR rules, 16 TAC Chapter 111
Previous DSHS Rule(s): Throughout DSHS rules, 22 TAC Chapter 741

Responsibilities of Licensee

TDLR rules remove the list of examples of false, misleading, deceptive or non-verifiable information and retain the general prohibition against presenting false, misleading, deceptive or non-verifiable information relating to the services of the licensee or anyone the licensee supervises or employs.
New TDLR Rule(s): 16 TAC §111.152
Previous DSHS Rule(s): 22 TAC §741.42

Fees

TDLR rules create a new annual renewal fee of $75 for an intern in speech-language pathology license and an intern in audiology license.
New TDLR Rule(s): 16 TAC §111.160
Previous DSHS Rule(s): 22 TAC §741.181

TDLR rules eliminate the license verification fee of $10.
New TDLR Rule(s): 16 TAC §111.160
Previous DSHS Rule(s): 22 TAC §741.181

TDLR rules increase the duplicate/replacement fee from $10 to $25.
New TDLR Rule(s): 16 TAC §111.160
Previous DSHS Rule(s): 22 TAC §741.181

View the Speech-Language Pathologists and Audiologists rules effective October 1, 2016