reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter H - CONTINUING EDUCATION REQUIREMENTS › Section 112.70 - Continuing Education-Hours and Courses

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to a hearing
				  instrument fitter and dispenser license holder.
(b) Except as provided under subsection (j),
				  a license holder must complete 20 continuing education hours during each
				  license term.
(c) Pursuant to 16
				  Texas Administrative Code (TAC), Chapter 59, a continuing education hour shall
				  be 50 minutes of attendance in an approved continuing education
				  course.
(d) No more than 10
				  continuing education hours per license term may be earned from an approved
				  online continuing education course offered by an approved continuing education
				  provider.
(e) No more than 5
				  continuing education hours per license term may be earned from an approved
				  continuing education course offered by an approved manufacturer continuing
				  education provider.
(f) A license
				  holder may be credited with continuing education hours for a published book or
				  article written by the license holder that contributes to the license holder's
				  professional competence. The department may approve credit hours based on the
				  degree that the published book or article advanced knowledge regarding the
				  fitting and dispensing of hearing instruments. No more than 5 contact hours per
				  license term may be approved for preparation of a publication.
(g) Continuing education shall be acceptable
				  if the education is described in subsection (f) or falls in one or more of the
				  following categories:
(1) participation in
				  approved continuing education courses offered by approved continuing education
				  providers;
(2) completion of
				  academic courses at an accredited college or university in areas directly
				  supporting development of skills and competence in the fitting and dispensing
				  of hearing instruments;
(3)
				  participation or teaching in programs directly related to the fitting and
				  dispensing of hearing instruments (e.g., institutes, seminars, workshops, or
				  conferences), which are approved or offered by an accredited college or
				  university; and/or
(4) serving as a
				  Proctor for the practical test, not to exceed one continuing education hour of
				  continuing education credit for each test date and with a maximum of four
				  continuing education hours of credit earned each license term.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter H - CONTINUING EDUCATION REQUIREMENTS › Section 112.71 - Continuing Education - Records and Audits

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall employ an audit
				  system for continuing education reporting. The license holder shall be
				  responsible for maintaining a record of the license holder's continuing
				  education experiences. The certificates, diplomas, or other documentation
				  verifying earning of continuing education hours are not to be forwarded to the
				  department at the time of renewal unless the license holder has been selected
				  for audit.
(b) The audit process
				  shall be as follows.
(1) The department shall
				  select for audit a random sample of license holders for each renewal month.
				  License holders will be notified of the continuing education audit when they
				  receive their renewal documentation.
(2) If selected for an audit, the license
				  holder shall submit copies of certificates, transcripts or other documentation
				  satisfactory to the department, verifying the license holder's attendance,
				  participation and completion of the continuing education. All documentation
				  must be provided at the time of renewal.
(3) Failure to timely furnish this
				  information or providing false information during the audit process or the
				  renewal process are grounds for disciplinary action against the license
				  holder.
(4) A license holder who is
				  selected for continuing education audit may renew through the online renewal
				  process. However, the license will not be considered renewed until required
				  continuing education documents are received, accepted and approved by the
				  department.
(5) Licenses will not
				  be renewed until the continuing education requirements have been met.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter H - CONTINUING EDUCATION REQUIREMENTS › Section 112.72 - Continuing Education - Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with the Act, continuing education courses must be provided by a
				  department-approved continuing education provider. An individual or
				  organization may request approval as a continuing education provider by
				  submitting an application to the department. The department may consult as
				  needed with an advisory board member.
(b) After review of the continuing education
				  provider application, the applicant may be approved by the department as either
				  a manufacturer continuing education provider or a non-manufacturer continuing
				  education provider.
(c) Upon
				  approval, the continuing education provider applicant shall pay the continuing
				  education provider fee prescribed under §112.110. The approved provider
				  status shall be effective for one year from the date of issuance of provider
				  approval.
(d) Continuing education
				  providers must renew their approved provider status annually by completing and
				  returning to the department the provider renewal form and the continuing
				  education provider fee. If not renewed on or before the expiration date, the
				  continuing education provider must reapply for approved sponsor
				  status.
(e) Each continuing
				  education course offered by an approved provider must be submitted to the
				  department on the required course approval form.
(f) The department is responsible for the
				  review and approval of all continuing education courses submitted by approved
				  providers. The department may consult as needed with an advisory board
				  member.
(g) Each continuing
				  education course will be evaluated by the department on the basis of the
				  following criteria:
(1) relevance of the
				  subject matter to increase or support the development of skills and competence
				  in the fitting and dispensing of hearing instruments or in studies or
				  disciplines related to fitting and dispensing of hearing instruments;
(2) objectives of specific information and
				  skills to be learned; and
(3)
				  subject matter, educational methods, materials, qualifications of instructors
				  and presenters, and facilities utilized, including the frequency and duration
				  of sessions, and the adequacy to implement learner objectives.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter I - RESPONSIBILITIES OF THE COMMISSION AND THE DEPARTMENT › Section 112.80 - Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to the authority under Texas
				  Occupations Code §
										RSA
				  51.203, the commission shall adopt rules
				  necessary to implement the Hearing Instrument Fitters and Dispensers program.
				  Pursuant to §
										RSA
				  60.22 of this title, the department is
				  authorized to propose rules.
(b)
				  The commission has adopted rules governing changes to the standard of practice
				  rules pursuant to §51.2031. These rules are located at 16 TAC Chapter
				  100.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter J - RESPONSIBILITIES OF THE LICENSEE › Section 112.90 - General Responsibilities of the Licensee

Current through Reg. 49, No. 28; July 12, 2024
(a) All licensees are bound by the provisions
				  of the Act and this chapter.
(b) A
				  licensee shall report alleged violations of the Act or this chapter to the
				  department.
(c) A licensee shall
				  cooperate with the department by furnishing required documents or information
				  and by responding to a request for information from a subpoena issued by the
				  executive director or the department.
(d) A licensee shall comply with any order
				  issued by the commission or the department relating to the licensee.
(e) A licensee shall not interfere with an
				  investigation by the willful misrepresentation of facts to the department or
				  its authorized representative or by the use of threats or harassment against
				  any person.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter J - RESPONSIBILITIES OF THE LICENSEE › Section 112.91 - Change of Name, Address, or Other Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A license holder or permit holder must
				  notify the department in writing within thirty (30) days of any changes of
				  name, address, telephone number, or employment.
(b) If a license holder changes employment,
				  the financial security on file with the department must be updated within
				  thirty (30) days of the license holder's change in employment. The updated
				  financial security may be filed as follows:
(1) The license holder's new employer, who is
				  subject to §112.60, must provide the license holder with a surety bond or
				  other acceptable form of financial security. The license holder must submit the
				  surety bond or other financial security to the department with the change in
				  employment notice.
(2) As an
				  alternative to subsection (b)(1), the license holder's new employer, who is
				  subject to §112.60, may submit the surety bond or other acceptable form of
				  financial security directly to the department on behalf of itself and the
				  license holder. The new employer must submit the prescribed form that
				  identifies the license holder who is covered under the surety bond or other
				  financial security.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter J - RESPONSIBILITIES OF THE LICENSEE › Section 112.92 - Consumer Information and Client Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee shall inform each client of
				  the name, address, website address, and telephone number of the department for
				  the purpose of filing a complaint or reporting violations of the Act or this
				  chapter on:
(1) each written contract for
				  services; and
(2) a sign
				  prominently displayed in the primary place of business.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter J - RESPONSIBILITIES OF THE LICENSEE › Section 112.93 - Display of License

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				  shall:
(1) prominently display the current
				  license issued by the department in the primary place of business;
(2) not display a license issued by the
				  department which has been reproduced or is expired, suspended, or revoked;
				  and
(3) not make any alterations on
				  a license issued by the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter J - RESPONSIBILITIES OF THE LICENSEE › Section 112.94 - False, Misleading or Deceptive Advertising

Current through Reg. 49, No. 28; July 12, 2024
A licensee may not engage in false, misleading or deceptive
					 advertising in accordance with Texas Occupations Code §
										RSA
					 402.103.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter J - RESPONSIBILITIES OF THE LICENSEE › Section 112.95 - Information on Prospective Amplification Candidates

Current through Reg. 49, No. 28; July 12, 2024
A license holder shall try to obtain information on each
					 prospective candidate for amplification in accordance with Texas Occupations
					 Code §
										RSA
					 402.352.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter J - RESPONSIBILITIES OF THE LICENSEE › Section 112.96 - Conditions of Sale

Current through Reg. 49, No. 28; July 12, 2024
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 §801.422. A link to the federal regulations
					 will be available online through the department's website.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter J - RESPONSIBILITIES OF THE LICENSEE › Section 112.97 - Sound-Level Measurements - Audiometers and Audiometric Testing

Current through Reg. 49, No. 28; July 12, 2024
(a) Audiometers and audiometric testing
				  devices shall meet the current standards of the American National Standards
				  Institute (ANSI) or the International Electrotechnical Commission.
(b) Audiometric testing not conducted in a
				  stationary acoustical enclosure.
(1) A
				  notation shall be made on the hearing test if testing was not done in a
				  stationary acoustical enclosure. Sound-level measurements must be conducted at
				  the time of the testing to ensure that ambient noise levels meet permissible
				  standards for testing threshold to 20 dB based on the most current ANSI "ear
				  covered" octave band criteria for Permissible Ambient Noise Levels During
				  Audiometric Testing, or the test environment shall have a maximum allowable
				  ambient noise level of 42 dBA.
(2)
				  Ambient noise level of the location of the audiometric testing, if not done in
				  a stationary acoustical enclosure, shall include a notation on the hearing test
				  of the following items:
(A) type(s) of
				  equipment used to determine ambient noise level;
(B) model and serial number of equipment used
				  to determine ambient noise level;
(C) date of last calibration of equipment
				  used to determine ambient noise level; and
(D) the ambient noise level of the test
				  environment.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter J - RESPONSIBILITIES OF THE LICENSEE › Section 112.98 - Code of Ethics

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this section is to establish the standards of professional and ethical conduct
				  required of a license holder or permit holder and constitutes a code of ethics.
				  It is the responsibility of all license holders and permit holders to uphold
				  the highest standards of integrity and ethical principles.
(b) A license holder or permit holder of
				  hearing instruments must observe and comply with the code of ethics and
				  standards of practice set forth in this chapter. Any violation of the code of
				  ethics or standards of practice will constitute unethical conduct or conduct
				  that discredits the profession of the dispensing and fitting of hearing
				  instruments and is grounds for disciplinary action.
(c) A license holder or permit holder shall:
(1) offer only those services that are within
				  the person's professional competency;
(2) comply with client confidentiality rights
				  within the limits established by the law;
(3) refer a client for those services that
				  the license holder or permit holder is unable to provide;
(4) comply with the requirements of the
				  Health Insurance Portability and Accountability Act of 1996 (HIPAA);
(5) ensure that all equipment used is in
				  proper working order and is properly calibrated; and
(6) comply with any order relating to the
				  license holder or permit holder which is issued by the commission or executive
				  director.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter L - FEES › Section 112.110 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees paid to the department are
				  nonrefundable.
(b) Hearing
				  Instrument Fitter and Dispenser License:
(1)
				  Initial application fee (includes two-year initial license)--$205;
(2) Renewal application fee (for two-year
				  license)--$205.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter M - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 112.120 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission has adopted rules related
				  to handling complaints regarding standard of care pursuant to Texas Occupations
				  Code § 51.2031. These rules are located at 16 Texas Administrative Code
				  Chapter 100.
(b) A qualified person
				  may assist the department in the review and investigation of complaints and
				  will be immune from liability related to these activities pursuant to Texas
				  Occupations Code § 51.252.
(c)
				  The provisions regarding the confidentiality of complaint and disciplinary
				  information are provided under Texas Occupations Code § 51.254.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter M - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 112.121 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
If a person or entity violates any provision of Texas
					 Occupations Code, Chapters 51 or 402, this chapter, or any rule or order of the
					 executive director or commission, proceedings may be instituted to impose
					 administrative penalties, administrative sanctions, or both in accordance with
					 the provisions of Texas Occupations Code, Chapter 51 and 402, as applicable,
					 and any associated rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter M - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 112.122 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
					 Code, Chapters 51 and 402 and any associated rules may be used to enforce Texas
					 Occupations Code, Chapter 402 and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter M - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 112.123 - Refund for Hearing Instrument

Current through Reg. 49, No. 28; July 12, 2024
The commission or executive director may order a license
					 holder to pay a refund to a consumer who returns a hearing instrument during
					 the 30-day trial period described in the Act and in this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter M - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 112.124 - Surrender of a License or Permit

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Surrender by license holder or permit holder.
(1) A license holder or permit holder may at
				  any time voluntarily offer to surrender the person's license or permit for any
				  reason.
(2) If no complaint is
				  pending, the executive director shall accept and void the surrendered license
				  or permit immediately.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter M - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 112.125 - Automatic Denials and Revocations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department shall deny an application for a license or permit, and shall
				  revoke a license or permit issued under Chapter 402, under the circumstances
				  set forth in Texas Occupations Code, Chapter 108, Subchapter B.
(b) A person whose application for a license
				  or permit has been denied, or whose license or permit has been revoked,
				  pursuant to Texas Occupations Code, Chapter 108, Subchapter B, may reapply or
				  seek reinstatement as provided by that subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter N - TELEHEALTH › Section 112.130 - Definitions Relating to Telehealth

Current through Reg. 49, No. 28; July 12, 2024
Unless the context clearly indicates otherwise, the
					 following words and terms, when used in this subchapter, shall have the
					 following meanings.
(1) Client--A
				  consumer or proposed consumer of services.
(2) Client site--The physical location of the
				  client at the time the telehealth services are being provided.
(3) Facilitator--An individual at the client
				  site who assists with the delivery of the telehealth services at the direction
				  of the provider.
(4) In-person--The
				  provider is physically present with the client while a client contact or
				  service is performed.
(5)
				  Provider--An individual who holds a current hearing instrument fitter and
				  dispenser license under Texas Occupations Code, Chapter 402; an individual who
				  holds a current apprentice permit under Texas Occupations Code, Chapter 402; or
				  an individual who holds a current temporary training permit under Texas
				  Occupations Code, Chapter 402 and has completed the direct supervision training
				  requirements.
(6) Provider
				  site--The physical location of the provider at the time the telehealth services
				  are provided which is distant or remote from the client site.
(7) Telecommunications--Interactive
				  communication at a distance by concurrent and synchronous two-way transmission,
				  using telecommunications technology, of information, including, without
				  limitation, sound, visual images, and/or computer data, between the client site
				  and the provider site, and required to occur without a change in the form or
				  content of the information, as sent and received, other than through encoding
				  or encryption of the transmission itself for purposes of and to protect the
				  transmission.
(8)
				  Telecommunications technology--Computers, smart phones, and equipment, other
				  than analog telephone, email or facsimile technology and equipment, used or
				  capable of use for purposes of telecommunications. For purposes of this
				  subchapter, the term includes, without limitation:
(A) compressed digital interactive video,
				  audio, or data transmission;
(B)
				  clinical data transmission using computer imaging by way of still-image capture
				  and storage and forward;
(C) smart
				  phones, or any audio-visual, real-time, or two-way interactive communication
				  system; and
(D) other technology
				  that facilitates the delivery of telehealth services.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 112 - HEARING INSTRUMENT FITTERS AND DISPENSERS › Subchapter N - TELEHEALTH › Section 112.132 - Requirements for Providing Telehealth Services and Using Telehealth

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
(1) Except where noted, this subchapter
				  applies to hearing instrument fitters and dispensers, apprentice permit
				  holders, and temporary training permit holders, as authorized under this
				  subchapter.
(2) Except to the
				  extent it imposes additional or more stringent requirements, this subchapter
				  does not affect the applicability of any other requirement or provision of law
				  to which an individual is otherwise subject under this chapter or other
				  law.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of Texas
				  Occupations Code, Chapters 51 and 605.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.20 - Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless the context clearly indicates
				otherwise, use of the terms license, licensure, and licensing shall apply to
				both licenses and registrations.
(b) Materials submitted in the licensure
				process become the property of the department and are not returnable.
(c) Unless otherwise indicated an applicant
				must submit the following, as applicable to the license type for which the
				person is applying:
(1) a completed
				application on a department-approved form;
(2) official transcript(s) or certificates in
				a format prescribed by the department, showing all relevant college courses,
				degrees, and residencies for successful completion of the applicable
				requirements under the Act and this chapter;
(3) the department-approved form providing
				information regarding other state licenses, certificates or registrations that
				an applicant holds or held, if applicable; and
(4) the fee required under
				§114.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.21 - Licenses and Licensing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Unless the context clearly indicates otherwise, use of the terms license or
				licenses shall apply to both licenses and registration, and the term licensee
				shall apply to both licensees and registrants.
(b) Term of license.
(1) A license shall be issued for a two-year
				period.
(2) A temporary license
				shall be issued for a one-year period and may be renewed for one additional
				one-year period.
(3) A student
				registration shall be issued for a two-year period and may be renewed for one
				additional two-year period.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.22 - Examination for Licensure as a Prosthetist, Orthotist, or Prosthetist/Orthotist

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by §114.23, an
				applicant must pass a competency examination to qualify for a practitioner
				license.
(b) Each applicant for
				initial licensure shall complete the jurisprudence examination.
(c) Examinations shall be offered by the
				department's designee .
(d) The
				department shall notify an applicant whose license application has been
				approved that the applicant is eligible to take the relevant
				examination(s).
(e) Approved
				applicants shall have no more than two years from the date of approval to pass
				the required examination(s).
(f)
				The examinations shall be administered at least once each year.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.23 - Requirements for Uniquely Qualified Person Licensure as a Prosthetist, Orthotist, or Prosthetist/Orthotist

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Purpose. The purpose of this section is to describe the unique qualifications a
				person must possess to qualify for licensure as a prosthetist, orthotist or
				prosthetist/orthotist under the Act, §605.254.
(b) Unique qualifications. A uniquely
				qualified person means a person who, through education, training and
				experience, is qualified to perform prosthetic or orthotic care.
(c) The department will determine whether a
				person is uniquely qualified on a case-by-case basis based on the information
				supplied by the applicant and other information deemed relevant by the
				department.
(d) Applicants may
				apply for licensure as a uniquely qualified person in accordance with paragraph
				(1), (2), or (3):
(1) Applicants with at
				least fifteen (15) years of extensive orthotic or prosthetic experience in the
				discipline for which they have applied. These applicants must demonstrate proof
				of having taken at least seventy-five (75) hours of continuing education that
				meets the requirements of §114.50, within the five years before
				application.
(2) Applicants with at
				least fifteen (15) years of extensive orthotic experience and fifteen years of
				extensive prosthetic experience who are applying for the prosthetist/orthotist
				license. These applicants may accumulate extensive orthotic experience
				concurrently with the accumulation of extensive prosthetic experience. These
				applicants must demonstrate proof of having taken at least one hundred (100)
				hours of continuing education that meets the requirements of §114.50, in
				both orthotics and prosthetics, within the five years before
				application.
(3) Applicants who
				meet the academic requirements under §114.24, but who have not completed a
				professional clinical residency meeting NCOPE requirements. These applicants
				shall submit proof of at least two years of applicable orthotic or prosthetic
				experience within the five years before application that was obtained under
				supervision of a licensed or certified orthotist or prosthetist in the
				discipline for which they have applied.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.24 - Requirements for Licensure by Examination as a Prosthetist, Orthotist, or Prosthetist/Orthotist

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Applicants for the orthotist license must complete the orthotist academic,
				residency, and examination requirements for orthotists. Applicants for the
				prosthetist license must complete the prosthetist academic, residency, and
				examination requirements for prosthetists. Applicants for the
				prosthetist/orthotist license must complete the prosthetist and orthotist
				academic, residency, and examination requirements.
(b) Academic requirements for an orthotist,
				prosthetist, or prosthetist/orthotist license. The applicant must hold a
				bachelor's or graduate degree:
(1) in
				prosthetics and orthotics from a college or university educational program
				accredited by the Commission on Accreditation of Allied Health Education
				Programs (CAAHEP) while the applicant attended the program or a college or
				university educational program accepted by the department as having educational
				standards equal to or exceeding CAAHEP standards; or
(2) in any subject and a certificate from an
				orthotics, prosthetics, or both an orthotics and prosthetics practitioner
				educational program, as applicable to the license type for which the person is
				applying, that is accredited by CAAHEP while the applicant attended the
				program, or from a practitioner education program accepted by the department as
				having educational standards equal to or exceeding CAAHEP standards.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.25 - Temporary License for Practitioners

Current through Reg. 49, No. 28; July 12, 2024
(a) A temporary license may be issued under
				this section to a person who:
(1) has applied
				for a practitioner license; and
(2)
				has practiced orthotics or prosthetics or both for the five years preceding the
				date of the application; and
(3)
				has been licensed by a state that has license requirements that are equal to or
				exceed the requirements of the Act and thischapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.26 - Student Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Student
				registration provides authorization for a person to perform prosthetic or
				orthotic duties under supervision while fulfilling the postgraduate
				requirements for licensure by examination or when working in accordance with
				§114.30(j)(3).
(b)
				Eligibility. The department shall issue or renew a student registration
				certificate if the applicant:
(1) has applied
				for student registration on department-approved forms;
(2) has paid the student registration fee;
				and
(3) either:
(A) has completed the academic requirements
				for a practitioner license; or
(B)
				is a student who is currently enrolled in a graduate program in this state in
				orthotics and prosthetics that is recognized and accredited by CAAHEP and
				submits to the department a written certification from the graduate program in
				which the student is enrolled that the student has successfully completed the
				academic prerequisites to enter a professional clinical residency;
				and
(4) is actively
				engaged in either:
(A) completing a
				professional clinical residency;
(B) applying for or awaiting the results of
				the examination, and has completed the professional clinical residency;
				or
(C) working under supervision in
				accordance with §114.30(j)(3).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.27 - Assistant License

Current through Reg. 49, No. 28; July 12, 2024
(a) Qualifications.
				The applicant must submit evidence satisfactory to the department of having
				successfully completed either (1) and (2), or (1) and (3), of the following:
(1) Coursework from a college or university
				accredited by a regional accrediting organization such as the Southern
				Association of Colleges and Schools that included at a minimum:
(A) eight (8) credit hours of anatomy and
				physiology;
(B) three (3) credit
				hours of medical terminology;
(C)
				three (3) credit hours of physics.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.28 - Technician

Current through Reg. 49, No. 28; July 12, 2024
(a) A technician must be supervised by a
				licensed prosthetist, orthotist, prosthetist/orthotist, prosthetist assistant,
				orthotist assistant, or prosthetist/orthotist assistant.
(b) A licensed prosthetist, orthotist,
				prosthetist/orthotist, prosthetist assistant, orthotist assistant, or
				prosthetist/orthotist assistant shall direct the activities of a technician and
				is responsible for the acts of the technician.
(c) A technician may fabricate, assemble, or
				service orthoses or prostheses only under the direction of a person licensed
				under this chapter and is not authorized to provide patient care to orthotic or
				prosthetic patients, including ancillary or assistant patient care
				services.
(d) Notwithstanding the
				supervision requirements in this section, the department may establish
				procedures, processes, and mechanisms for the monitoring and reporting of the
				supervision requirements.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.29 - Accreditation and Inspection of Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The purpose of accreditation is to identify for prospective patients, referral
				sources, and third-party payers which prosthetic or orthotic facilities meet
				the department's requirements. This section is adopted under the Act,
				§605.260. All facilities where orthotics and prosthetics are provided by
				persons licensed or registered under this title must be accredited under the
				Act, unless the facility is one to which the accreditation requirement does not
				apply in accordance with §605.260(e) of the Act.
(b) The accreditation requirement is
				inapplicable to the following facilities:
(1)
				A facility licensed under the Health and Safety Code, Title 4, in accordance
				with §605.260(e) of the Act. These facilities include hospitals,
				convalescent and nursing facilities, ambulatory surgical centers, continuing
				care facilities, assisted living facilities, and end stage renal disease
				facilities; or
(2) Any facility
				that does not hold itself out as performing or offering to perform orthotics or
				prosthetics, and at which persons providing health care services do not perform
				or hold themselves out as performing or offering to perform orthotics or
				prosthetics.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.30 - Professional Clinical Residency Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will accept a professional
				clinical residency having standards that are equivalent to or exceed NCOPE
				standards and those set forth in the Act and this chapter, at the time the
				residency was being completed.
(b)
				The Texas licensure requirements in this section apply only to residencies and
				residency programs fulfilled or conducted in Texas.
(c) Professional clinical residency programs
				must meet or exceed current NCOPE standards.
(d) The resident's involvement in patient
				care must meet or exceed current NCOPE standards.
(e) A clinical resident must be directly
				involved in providing patient care, under the supervision of a Texas licensed
				practitioner whose license is in the same discipline in which the professional
				clinical residency is being completed.
(f) Notwithstanding the supervision
				requirements in this section, the department may establish procedures,
				processes, and mechanisms for the monitoring and reporting of the supervision
				requirements.
(g) A professional
				clinical residency must provide the residents with a written description of the
				educational program, including the scope and duration of assignments to other
				facilities if part of the residency. The written description of the program
				must demonstrate equivalency to NCOPE requirements and must include:
(1) the term of residency;
(2) job description;
(3) pertinent policies and
				procedures;
(4) safety
				requirements;
(5) patient
				confidentiality;
(6) liability and
				malpractice insurance;
(7)
				expectations;
(8) limitations and
				restrictions of residency;
(9) the
				name of the practitioner who is designated as the residency program director;
				and
(10) the requirement under the
				Act to hold a current student registration during the term of the
				residency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.40 - Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) Application. Unless the text clearly says
				otherwise, use of the term licensee shall have the meaning assigned in
				§114.10.
(1) After the initial license
				period, a licensee must renew the license every two years. This requirement
				does not apply to renewal of a temporary license or a student
				registration.
(2) Each licensee 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 of expiration from the department before the expiration date of
				the license shall not excuse failure to apply for renewal or late
				renewal.
(3) The department shall
				not renew the license of a licensee who is in violation of the Act or
				department rules at the time of application for renewal.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.50 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				applies to licensees of the department. This section does not apply to a
				temporary license or a student registration.
(b) The first continuing education period
				shall begin after the licensee has renewed the license for the first time.
				Continuing education is not required during the initial license period.
				Subsequently, a licensee shall attend continuing education activities as a
				condition of renewal of a license.
(c) Continuing education periods shall be two
				years in length. The period coincides with the license period.
(d) Determination of continuing education
				credits.
(1) For seminars, lectures,
				presentations, symposia, workshops, conferences and similar activities, 50
				minutes shall be considered as one credit hour.
(2) Course work completed at or through an
				accredited college or university shall be credited based on eight credits for
				each semester hour completed for credit. Continuing education credit will be
				granted for a grade of C or better for the continuing education period in which
				the course is completed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.65 - Orthotists and Prosthetists Advisory Board; Membership

Current through Reg. 49, No. 28; July 12, 2024
(a) Membership. The advisory board consists
				of seven members appointed by the presiding officer of the commission with the
				approval of the commission as follows:
(1)
				two licensed orthotist members who each have practiced orthotics for the five
				years preceding the date of appointment;
(2) two licensed prosthetist members who each
				have practiced prosthetics for the five years preceding the date of
				appointment;
(3) one licensed
				prosthetist orthotist member who has practiced orthotics and prosthetics for
				the five years preceding the date of appointment;
(4) one member who is a representative of the
				public who uses an orthosis; and
(5) one member who is a representative of the
				public who uses a prosthesis.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.66 - Advisory Board; Duties

Current through Reg. 49, No. 28; July 12, 2024
Purpose. The advisory board shall provide advice and
				  recommendations to the department on technical matters relevant to the
				  administration of the Act and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.67 - Advisory Board; Terms, Vacancies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Members of the advisory board serve staggered six-year terms. The terms of two
				or three members expire on February 1 of each odd-numbered year.
(b) If a vacancy occurs during a member's
				term, the presiding officer of the commission, with the commission's approval,
				shall appoint a replacement who meets the qualifications for the vacant
				position to serve for the remainder of the term.
(c) A member of the advisory board may be
				removed from the advisory board pursuant to Texas Occupations Code §
				51.209, Advisory Boards; Removal of Advisory Board Member.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.68 - Advisory Board; Officer

Current through Reg. 49, No. 28; July 12, 2024
The presiding officer of the commission, with the
				  commission's approval, shall designate a member of the advisory board to serve
				  as the presiding officer of the advisory board for a term of one year. The
				  presiding officer of the advisory board may vote on any matter before the
				  advisory board.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.69 - Advisory Board; Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				advisory board shall meet at the call of the presiding officer of the
				commission or the executive director.
(b) A quorum of the advisory board is
				necessary to conduct official business. A quorum is four members.
(c) Four or more advisory board members may
				call a special meeting of the advisory board by providing written notice not
				less than fourteen (14) days before the date of the meeting to the presiding
				officer of the commission, the executive director and all other members of the
				advisory board.
(d) Not more than
				two special meetings of the advisory board may be called under subsection (c)
				in a calendar year.