Texas Department of Licensing & Regulation I N T R O D U C T I O N T O R E G I S T E R E D S A N I TA R I A N P R O G R A M R U L E S Brian Francis, TDLR Executive Director
Who we are The Texas Department of Licensing and Regulation 1 Open and Transparent (TDLR) is responsible for licensing and regulating a broad range of occupations, professions, businesses, facilities, and equipment in Texas. Deliver Exceptional Customer Service Our purpose is to protect the health and safety of 2 Texans and ensure they are served by qualified Keep Costs Low and Efficiency High professionals. With a functionally-aligned business model , TDLR is 3 Apply Clear, Consistent, and unmatched in Texas state government. Common Sense Rules
Who we regulate Building & Mechanical Business & Occupations Professionals Combative Sports Air Conditioning & Refrigeration Auctioneers Driver Education and Safety Architectural Barriers Barbering For-Profit Legal Services Boiler Safety Cosmetology Licensed Breeders Code Enforcement Officers Laser Hair Removal Polygraph Examiners Electrical Safety Offender Education Providers Professional Employer Organizations Elevators, Escalators & Related Equipment Property Tax Consultants Service Contract Providers Property Tax Professionals Industrialized Housing & Buildings Temporary Common Worker Employers Mold Assessors & Remediators Towing Companies Used Automotive Parts Recyclers Vehicle Protection Product Warrantors Health Professions Vehicle Storage Facilities Athletic Trainers Massage Therapists Dietitians Midwives Natural Resources Dyslexia Therapists & Practitioners Orthotists & Prosthetists Hearing Instrument Fitters & Sanitarians Water Well Drillers & Pump Installers Dispensers Speech-Language Pathologists & Weather Modification Audiologists * Transferring November 1, 2017
TDLR At a Glance: FY 16 Employees: 448 Licensees: 704K (FY17 Q1) Calls Received: 399K Emails Received: 83K Exams: 58K Inspections Completed: 126K Plan Reviews: 24K Complaints Opened: 11K CE Providers Approved: 378 CE Courses Approved: 1,647
A history of change We believe in carefully balancing the The agency’s responsibilities have increased from interest of protecting public health regulating 17 programs in 1999 to a total of 38 programs PROGRAMS and safety with individual needs to by November 2017. pursue success in a chosen profession. In 1999, TDLR had 1 employee for every 732 licensees; we now have 1 employee for every 1,589 licensees, an LICENSEES efficiency increase of 117%. TDLR’s culture of innovation allows us to successfully manage growth and increasing responsibilities while In 2015, the 84 th Texas Legislature transferred 14 TRANSFERS occupational licensing programs to TDLR. maintaining a motivated and lean workforce.
What we’ve done: DSHS program consolidation • As a result of the enactment of Senate Bill 202, 84 th Phase Two: Projected License Populations Session, thirteen DSHS programs were transferred to TDLR: Code Enforcement Officers 2,309 o The first phase of this transfer took place on Laser Hair Removal 2,347 October 3, 2016 when TDLR assumed responsibility for all activities relating to seven Massage Therapists 30,697 Health Professions programs. o The second phase includes six programs Mold Assessors & Remediators 3,911 transferring to TDLR on November 1, 2017 , Offender Education Providers 2,242 completing the program consolidation authorized by SB 202. Sanitarians 1,251 Total 42,757
TDLR Rulemaking Philosophy for Transferring Programs Reorganize rules to make them consistent with TDLR’s rule format. No change to scope of practice. Verify statutory authority for each rule. Remove any overly burdensome regulatory requirements. Replace certain enforcement, licensing, and renewal language with Texas Occupations Code, Chapter 51 language.
Consolidation Rule Process: Goals In this initial phase of the rule process, TDLR’s goal is to make minimal changes so that licensees can continue working without interruption to their normal practices. Changes are mostly organizational so that the rules can be easily transferred to TDLR. Any substantive comments for rule changes will be considered in the next phase of rulemaking.
Consolidation Rule Process: Drafting TDLR develops rule draft Shared with key stakeholders for preview at forums in January, 2017
Consolidation Rule Process: Public Comment 30 DAY TDLR reviews all PUBLIC Proposed rules comments, COMMENT published in develops responses & may make Texas Register PERIOD changes based on on April 21 ended on public input May 22
Consolidation Rule Process: Commission Votes TDLR presents published COMMISSION rules and public VOTES TO comments to the Commission at public ADOPT RULES meeting on July 14, 2017
Consolidation Rule Process: Open & Free Communication TDLR incorporates any changes from Commission into final version of rules and publishes adopted rules in the Texas Register and on TDLR website. The effective date for the adopted rules will be November 1, 2017. TDLR notifies public of rule adoption and effective date via: Email Website Social Media
Consolidation Rule Changes for Sanitarians TDLR Rules DSHS Rules Statutory Authority 16 TAC 22 TAC Substantive Changes and Additional Notes and Implementation Chapter 119 Chapter 140 119.1 1953.051; 51.201 Added definition for Texas Commission of Licensing and Regulation. 119.2 140.102 Duplicate definitions for “education”, 1953.051; 51.201 “registration”, and “scope of professional practice” deleted. 119.3 140.101 1953.051; 51.201 Advisory board expanded to nine members, 119.1 140.119 1953.0512 five being registered sanitarians. 119.11 140.119 1953.0512 119.12 140.119 1953.0512 119.13 140.119 1953.0512 119.14 140.119 1953.0512 119.15 140.119 1953.0512 119.2 140.104 1953.105; 1953.051 119.21 140.105 Added background check. 1953.102 119.22 140.114 119.23 140.106 Courses listed for clarity. 1953.102
Consolidation Rule Changes for Sanitarians Exam fees will be paid directly to third party test vendor. Department policies provided by third party test vendor. 119.24 140.107 1953.102; 1953.151 Duplicate information in Candidate Information Bulleting deleted. Chap. 60 reference to TDLR exam procedures added. 119.26 140.111 Added background check for renewal. 1953.106 Sponsors of approved continuing education 119.27 114.113 keep register records for 5 years (from 2) to 1953.051(b)(1) be consistent across programs. Retired Sanitarian Exemption from renewal and CE deleted. No statutory basis. 119.5 140.112 Currently, no retired sanitarians registered. No need identified for rule by workgroup. 119.7 140.117 1953.051; 51.201
Consolidation Rule Changes for Sanitarians Eliminated Fees: Health Professions Council. Texas Online Authority fee. Retired sanitarian fee. Exam and re-examination fees, those fees paid directly to test provider. Reduced Fees: Registration renewal fee for sanitarians in training to $125 from $150. 119.8 140.103 1953.052 Renewal fee for sanitarians to $140 from $150. Processing fee for upgrading from sanitarian in training to sanitarian to $25 from $90. Criminal History Evaluation fee to $25 from $50. Changed fees: Duplicate replacement fee changed to $25.00 from $20. Added late renewal fees in 60. Added Chap. 60 dishonored payment device fee $50. 119.9 140.116 1953.201 Removed all administrative procedures in .118 1953.051; 60.200, 119.95 140.118 duplicated by 51 and 60. Ex. Complaint process, 60.300, .302, .304- notice, administrative hearings. .311.
Consolidation Rule Changes for Sanitarians NOTE 1: The DSHS rules that are not listed in the chart above were not incorporated into the TDLR rules for several reasons: 1) 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 and Alleged Violations • Administrative Hearings • Enforcement and Disciplinary Actions • Provisions Regarding Applicants with Criminal Histories • Military Licensing Provisions 2) TDLR eliminated rules that are no longer relevant based on differences between the DSHS and the TDLR structures, processes, or procedures; 3) TDLR eliminated rules on issues that are addressed by other methods such as the Criminal Conviction Guidelines and the Enforcement Penalty Matrix. 4) TDLR eliminated rules that are not supported or authorized by the current statute.
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