Proposed Administrative Rules

Chapter 114. Orthotists and Prosthetists
Proposal Filed: February 10, 2020 – Published in the Texas Register: February 21, 2020
Deadline for Public Comment: March 23, 2020.

Underlined text is new language.

[ Strikethrough text ] is deleted language.

The Texas Department of Licensing and Regulation (Department) proposes amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 114, §114.40, regarding the Orthotists and Prosthetists Program. These proposed changes are referred to as the “proposed rule.”

EXPLANATION OF AND JUSTIFICATION FOR THE RULE

The rules under 16 TAC, Chapter 114, implement Texas Occupations Code, Chapter 605.

The proposed rule is necessary to implement the requirements of House Bill (HB) 2059 of the 86th Texas Legislature, Regular Session (2019), and Texas Occupations Code Chapter 116, requiring human trafficking prevention training for health care practitioners prior to the renewal of a license. The proposed rule also amends the rule section’s definition of “licensee” to reflect the definition used throughout Chapter 114 for purposes of clarity and consistency .

The proposed rule was presented to and discussed by the Othothists and Prosthetists Advisory Board at its meeting on January 13, 2020. The Advisory Board did not make any changes to the proposed rule. The Advisory Board voted and recommended that the proposed rule be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

The proposed rule amends §114.40, Renewal, by clarifying the rule section’s definition of “licensee” in subsection (a) to reflect the definition used throughout Chapter 114. Additionally, the proposed rule amends the section to include new subsection (c)(7), a requirement for human trafficking prevention training prior to license renewal as required by HB 2059 and Texas Occupations Code §116.003.

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, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule.

Mr. Couvillon has determined that for each year of the first five years the proposed rule is 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 rule.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Couvillon has determined that the proposed rule will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Couvillon also has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be increasing awareness and assisting prevention of human trafficking in Texas.

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 rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule. The requirements of HB 2059 stipulate that at least one human trafficking prevention course will be free, and thus persons subject to the rule will not be required to pay additional costs for training.

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 rule. Since 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 rule does 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 Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule will be in effect, the agency has determined the following:

1. The proposed rule does not create or eliminate a government program.

2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rule does not require an increase or decrease in fees paid to the agency.

5. The proposed rule does create a new regulation. The proposed rule implements a new requirement created by HB 2059 for orthotists and prosthetists and certain other healthcare practitioners to complete a human trafficking prevention training course as a condition of license renewal on or after September 1, 2020.

6. The proposed rule does not expand, limit, or repeal an existing regulation.

7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.

8. The proposed rule does 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 rule and the proposed rule does 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 rule does not constitute a taking or require a takings impact assessment under Government Code §2007.043.

PUBLIC COMMENTS

Comments on the proposed rule may be submitted to Vanessa Vasquez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-3032, or electronically: erule.comments@tdlr.texas.gov . The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The proposed rule is proposed under Texas Occupations Code, Chapters 51 and 605, which authorize the Texas Commission of Licensing and Regulation, 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 proposed rule are those set forth in Texas Occupations Code, Chapters 51, 116, and 605. No other statutes, articles, or codes are affected by the proposed rule.

§114.40 Renewal.

(a) Application. Unless the text clearly says otherwise, use of the term licensee shall have the meaning assigned in §114.10[ include both licensees and registrants, and use of the term license shall include both licenses and registrations ].

(1) – (3) (No Change.)

(b) (No Change.)

(c) License renewal requirements. To renew a license, a licensee must:

(1) – (4) (No change.)

(5) comply with the continuing education audit process described under §114.50, as applicable; [ and ]

(6) submit the renewal fee required under §114.80; and[ . ]

(7) for each license renewal on or after September 1, 2020, the licensee must complete the human trafficking prevention training required under Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.

(d) – (f) (No change.)

REVIEW BY AGENCY COUNSEL

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 February 10, 2020.


Brad Bowman
General Counsel
Texas Department of Licensing and Regulation