reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter E - EXAMINATION REQUIREMENTS › Section 116.40 - License Examination Requirements - General

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant must pass a license
				  examination to qualify for a dietitian license under this chapter.
(b) Pursuant to Texas Occupations Code §
										RSA 701.253, the
				  examination required for licensure as a Licensed Dietitian is the examination
				  given by the Commission on Dietetic Registration.
(c) An applicant must meet the education and
				  experience requirements under Texas Occupations Code §
										RSA 701.254 to
				  qualify to take the licensing examination.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter E - EXAMINATION REQUIREMENTS › Section 116.42 - License Examination Process

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant who wishes to take the examination is responsible for completing the
				  examination registration form and submitting it with the appropriate fee to the
				  Commission on Dietetic Registration (CDR) or its designee.
(b) Examinations administered by the CDR or
				  its designee will be held in locations to be announced by the CDR or its
				  designee.
(c) Examinations
				  administered by the CDR or its designee shall be graded by the CDR or its
				  designee. The passing grade is determined by the CDR.
(d) The CDR or its designee shall notify the
				  applicant of the examination results.
(e) An applicant must provide an active CDR
				  registration number at the time of license application to show proof of passing
				  the CDR examination.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter E - EXAMINATION REQUIREMENTS › Section 116.44 - Texas Jurisprudence Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for licensure as a licensed
				  dietitian shall pass the Texas Jurisprudence Examination prescribed by the
				  department.
(b) The Texas
				  Jurisprudence Examination is separate from the license examination under
				  §116.40 and §116.42. The Texas Jurisprudence Examination tests the
				  applicant's knowledge of the statute, rules and any other applicable law
				  affecting the applicant's dietetics practice.
(c) The applicant must register online and
				  pay the Texas Jurisprudence Examination fee to the third-party provider. The
				  applicant does not need to qualify through the department to take the Texas
				  Jurisprudence Examination.
(d) The
				  applicant must successfully complete the Texas Jurisprudence Examination and
				  submit a certificate of completion prior to receiving a license as a licensed
				  dietitian .
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter F - LICENSED DIETITIANS › Section 116.50 - Licensed Dietitians - Application and Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise indicated, an applicant
				  must submit all required information and documentation of credentials on
				  official department-approved forms.
(b) To apply for an initial license, an
				  applicant must submit :
(1) a completed
				  application on a department-approved form;
(2) the applicant's active registration
				  number issued by the Commission on Dietetic Registration as proof that the
				  applicant has met the education, experience, and examination requirements
				  specified in Texas Occupations Code Chapter 701 and in this chapter;
(3) the form providing \information regarding
				  other state licenses, certificates, or registrations that an applicant holds or
				  held, if applicable;
(4) proof of
				  successfully completing the Texas Jurisprudence Examination under Texas
				  Occupations Code §
											RSA 701.2575 and
				  rule §116.44; and
(5) the fee
				  required under §116.110.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter F - LICENSED DIETITIANS › Section 116.51 - Licensed Dietitians - Fitness of Applicants for Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Texas Occupations Code §
										RSA
				  701.151<subdiv>(b)(2)</subdiv>,
				  this section applies to initial applications, renewal applications, and
				  applications for reciprocal licenses.
(b) In determining the fitness of an
				  applicant for licensure, the department shall consider the following:
(1) the ability of an applicant to uphold the
				  standards and requirements of the profession ; and
(2) the ethical behavior of an applicant in
				  relationships with other professionals and clients.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter F - LICENSED DIETITIANS › Section 116.52 - Licensed Dietitians - Issuing Licenses and Identification Cards

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will send each applicant,
				  who meets the requirements of the Act and this chapter, a license certificate
				  and identification card containing the licensee's name, license number, and
				  expiration date.
(b) Pursuant to
				  Texas Occupations Code §
										RSA
				  701.351<subdiv>(b)</subdiv>, any
				  certificate or identification card issued by the department remains the
				  property of the department and must be surrendered to the department on
				  demand.
(c) The department may
				  replace a lost, damaged, or destroyed license certificate or identification
				  card upon a written request from the licensee and payment of the
				  duplicate/replacement license fee under §116.110.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter F - LICENSED DIETITIANS › Section 116.53 - Licensed Dietitians - License Term; Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) A license held by a licensed dietitian is
				  valid for two years after the date of issuance and may be renewed
				  biennially.
(b) 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 prior to the expiration date of the license shall not excuse
				  failure to file for renewal or late renewal.
(c) To renew a license, a licensed dietitian
				  must:
(1) submit a completed renewal
				  application on a department-approved form;
(2) complete twelve (12) hours of continuing
				  education as required under §116.80;
(3) comply with the continuing education
				  audit process described under §116.82, as applicable; and
(4) submit the fee required under
				  §116.110.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter I - CONTINUING EDUCATION › Section 116.80 - Continuing Education - General Requirements and Hours

Current through Reg. 49, No. 28; July 12, 2024
A licensed dietitian must complete a minimum of twelve (12)
					 continuing education hours during each two-year licensing
					 period.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter I - CONTINUING EDUCATION › Section 116.81 - Continuing Education - Approved Courses and Credits

Current through Reg. 49, No. 28; July 12, 2024
(a) The department has determined that to
				  meet the continuing education requirements under the Act and this chapter a
				  licensee must take the courses and hours offered or approved by the Commission
				  on Dietetic Registration or its agents or a regionally accredited college or
				  university.
(b) Continuing
				  education undertaken by a licensee for renewal shall be acceptable if the
				  experience falls in one or more of the following categories:
(1) academic courses related to
				  dietetics;
(2) clinical courses
				  related to dietetics;
(3)
				  in-service educational programs, training programs, institutes, seminars,
				  workshops and conferences in dietetics;
(4) instructing or presenting continuing
				  education programs or activities that were offered or approved by the
				  Commission on Dietetic Registration or its agents. Multiple presentations of
				  the same programs only count once;
(5) acceptance and participation in poster
				  sessions offered by a nationally recognized professional organization in the
				  dietetics field or its state equivalent organization. Participation will be
				  credited one hour for six (6) poster sessions with a maximum of two clock hours
				  for twelve (12) poster sessions;
(6) books or articles published by the
				  licensee in relevant professional books and referred journals. A minimum of
				  three (3) continuing education hours will be credited for the publication;
				  or
(7) self-study of professional
				  materials that include self-assessment examinations. Six (6) hours maximum will
				  be credited for self-study during the two-year licensure period.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter I - CONTINUING EDUCATION › Section 116.82 - 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 licensee shall be responsible
				  for maintaining a record of the licensee'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 licensee has been selected for audit.
(b) The audit process shall be as follows:
(1) The department shall select for audit a
				  random sample of licensees for each renewal month. Licensees will be notified
				  of the continuing education audit when they receive their renewal
				  documentation.
(2) If selected for
				  an audit, the licensee shall submit copies of certificates, transcripts, or
				  other documentation satisfactory to the department, verifying the licensee'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 licensee
				  .
(4) A licensee 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 continuing education requirements have been met.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter I - CONTINUING EDUCATION › Section 116.83 - Continuing Education - Failure to Complete

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who fails to complete continuing
				  education requirements for renewal holds an expired license and may not use the
				  title "licensed dietitian."
(b) A
				  person may renew late after all the continuing education requirements have been
				  met.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter J - RESPONSIBILITIES OF THE COMMISSION AND THE DEPARTMENT › Section 116.91 - 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 Dietitians program. Pursuant to 16 Texas
				  Administrative Code (TAC) §60.22, the department is authorized to propose
				  rules.
(b) The commission has
				  adopted rules governing changes to the standards 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 116 - DIETITIANS › Subchapter K - RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS › Section 116.100 - Display of License

Current through Reg. 49, No. 28; July 12, 2024
(a) The license
				  certificate must be displayed in an appropriate and public manner as follows.
(1) The license certificate shall be
				  displayed in the primary office or place of employment of the
				  licensee.
(2) In the absence of a
				  primary office or place of employment, or when the licensee is employed at
				  multiple locations, the licensee shall carry a current identification
				  card.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter K - RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS › Section 116.101 - Changes of Name or Address

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  licensee shall notify the department of changes in name or mailing address
				  within thirty (30) days of such change(s) on a department-approved form or
				  using a department-approved method.
(b) Notification of name changes must be
				  submitted to the department and shall include a copy of a marriage certificate,
				  court decree evidencing such change, or a social security card reflecting the
				  new name.
(c) To receive a
				  duplicate license, the licensee shall submit the duplicate/replacement fee
				  required under §116.110.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter K - RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS › Section 116.103 - Disclosure

Current through Reg. 49, No. 28; July 12, 2024
A licensee shall notify each client of the name, mailing
					 address, telephone number, and website address of the department for the
					 purpose of directing complaints to the department by providing
					 notification:
(1) on each written
				  contract for services of a licensee;
(2) on a sign prominently displayed in the
				  primary place of business of each licensee; or
(3) in a bill for service provided by a
				  licensee to a client or third party.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter K - RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS › Section 116.104 - Unlawful, False, Misleading, or Deceptive Advertising

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee shall use factual information
				  to inform the public and colleagues of the licensee's services. A licensee
				  shall not use advertising that is false, misleading, or deceptive or that is
				  not readily subject to verification.
(b) False, misleading, or deceptive
				  advertising or advertising that is not readily subject to verification
				  includes, but is not limited to, advertising that:
(1) makes a material misrepresentation of
				  fact or omits a fact necessary to make the statement as a whole not materially
				  misleading;
(2) makes a
				  representation likely to create an unjustified expectation about the results of
				  a health care service or procedure;
(3) compares a health care professional's
				  services with another health care professional's services unless the comparison
				  can be factually substantiated;
(4)
				  causes confusion or misunderstanding as to the credentials, education, or
				  licensure of a health care professional;
(5) advertises or represents that health care
				  insurance deductibles or copayments may be waived or are not applicable to
				  health care services to be provided if the deductibles or copayments are
				  required;
(6) advertises or
				  represents that the benefits of a health benefit plan will be accepted as full
				  payment when deductibles or copayments are required;
(7) makes a representation that is designed
				  to take advantage of the fears or emotions of a particularly susceptible type
				  of patient; or
(8) advertises or
				  represents in the use of a professional name a title or professional
				  identification that is expressly or commonly reserved to or used by another
				  profession or professional.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter L - FEES › Section 116.110 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All fees paid to the department are
				  nonrefundable.
(b) Licensed
				  Dietitian Fees:
(1) Initial application fee
				  (includes two-year initial license)--$108; and
(2) Renewal application fee (for two-year
				  license)--$90.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter M - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 116.120 - 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 §
										RSA 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
				  §
										RSA 51.252.
(c) The provisions regarding the
				  confidentiality of complaint and disciplinary information are provided under
				  Texas Occupations Code §
										RSA
				  51.254.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter M - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 116.121 - 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 701, 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 701, as applicable,
					 and any associated rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter M - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 116.122 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
					 Code, Chapters 51 and 701 and any associated rules may be used to enforce Texas
					 Occupations Code, Chapter 701 and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter M - COMPLAINTS AND ENFORCEMENT PROVISIONS › Section 116.123 - License Surrender

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Occupations Code §
										RSA
					 701.351<subdiv>(b)</subdiv>, a
					 license issued by the department is the property of the department and shall be
					 surrendered on demand.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter O - THE DIETETIC PROFESSION › Section 116.140 - Areas of Expertise

Current through Reg. 49, No. 28; July 12, 2024
The profession of dietetics includes six primary areas of
					 expertise: clinical, educational, management, consultation, community and
					 research; and includes without limitation the development, management, and
					 provision of nutrition services, as follows:
(1) planning, developing, controlling, and
				  evaluating food service systems;
(2) coordinating and integrating clinical and
				  administrative aspects of dietetics to provide quality nutrition
				  care;
(3) establishing and
				  maintaining standards of food production, service, sanitation, safety, and
				  security;
(4) planning, conducting,
				  and evaluating educational programs relating to nutrition care;
(5) developing menu patterns and evaluating
				  them for nutritional adequacy;
(6)
				  planning layout designs and determining equipment requirements for food service
				  facilities;
(7) developing
				  specifications for the procurement of food and food service equipment and
				  supplies;
(8) developing and
				  implementing plans of nutrition care for individuals based on assessment of
				  nutrition needs;
(9) counseling
				  individuals, families, and groups in nutrition principles, dietary plans, and
				  food selection and economics;
(10)
				  communicating appropriate diet history and nutrition intervention data through
				  medical record systems;
(11)
				  participating with physicians and allied health personnel as the provider of
				  nutrition care;
(12) planning,
				  conducting or participating in, and interpreting, evaluating, and utilizing
				  pertinent current research related to nutrition care;
(13) providing consultation and nutrition
				  care to community groups and identifying and evaluating needs to establish
				  priorities for community nutrition programs;
(14) publishing and evaluating technical and
				  lay food and nutrition publications for all age, socioeconomic, and ethnic
				  groups; and
(15) planning,
				  conducting, and evaluating dietary studies and participating in nutrition and
				  epidemiologic studies with a nutrition component.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter O - THE DIETETIC PROFESSION › Section 116.141 - Provider of Nutrition Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person licensed by the department is designated as a health care provider of
				  nutrition services.
(b) A licensed
				  dietitian, acting within the scope of the dietitian's license and consistent
				  with medical direction or authorization as provided in this section, may
				  accept, transcribe into a patient's medical record or transmit verbal or
				  electronically-transmitted orders, including medication orders, from a
				  physician to other authorized health care professionals relating to the
				  implementation or provision of medical nutrition therapy and related medical
				  protocols for an individual patient or group of patients.
(1) In a licensed health facility, the
				  medical direction or authorization shall be provided, as appropriate, through a
				  physician's order, or a standing medical order, or standing delegation order,
				  or medical protocol issued in accordance with Texas Occupations Code, Chapter
				  157, Subchapter A, and rules adopted by the Texas Medical Board implementing
				  the subchapter.
(2) In a private
				  practice setting, the medical direction or authorization shall be provided, as
				  appropriate, through the physician's order, standing medical order, or standing
				  delegation order of a referring physician, in accordance with Texas Occupations
				  Code, Chapter 157, Subchapter A, and rules adopted by the Texas Medical Board
				  implementing the subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter O - THE DIETETIC PROFESSION › Section 116.142 - Licensed Dietitians Providing Diabetes Self-Management Training

Current through Reg. 49, No. 28; July 12, 2024
(a) This section implements the Insurance
				  Code, Title 8, Subtitle E, Chapter 1358, §1358.055.
(b) Diabetes self-management training covers
				  the following training:
(1) training provided
				  to a qualified enrollee after the initial diagnosis of diabetes in the care and
				  management of that condition, including nutrition counseling and proper use of
				  diabetes equipment and supplies;
(2) additional training authorized on the
				  diagnosis of a physician or other health care practitioner of a significant
				  change in the qualified enrollee's symptoms or condition that requires changes
				  in the qualified enrollee's self-management regimen; and
(3) periodic or episodic continuing education
				  training when prescribed by an appropriate health care practitioner as
				  warranted by the development of new techniques and treatments for
				  diabetes.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter A - GENERAL PROVISIONS › Section 117.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of the
					 Texas Occupations Code, Chapter 51 and 455.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter B - MASSAGE THERAPY ADVISORY BOARD › Section 117.10 - Advisory Board Membership

Current through Reg. 49, No. 28; July 12, 2024
The advisory board consists of nine members appointed by
					 the presiding officer of the commission with the approval of the commission as
					 follows:
(1) Two members who are
				  licensed massage therapists;
(2)
				  Two members who represent licensed massage schools;
(3) Two members who represent licensed
				  massage establishments;
(4) One
				  member who is a peace officer with expertise in the enforcement of Chapter 20A,
				  Penal Code, and Subchapter A, Chapter 43, Penal Code; and
(5) Two members of the public.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter B - MASSAGE THERAPY ADVISORY BOARD › Section 117.11 - Duties of Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
The advisory board shall provide advice and recommendations
					 to the department on technical matters relevant to the administration of this
					 chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter B - MASSAGE THERAPY ADVISORY BOARD › Section 117.12 - Terms; Vacancies

Current through Reg. 49, No. 28; July 12, 2024
(a) Members of the
				  advisory board are appointed for staggered six-year terms. The terms of three
				  members expire September 1 of each odd-numbered year.
(b) If a vacancy occurs on the advisory board
				  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 the remainder of the term.
(c) A member of the advisory board may be
				  removed from the advisory board pursuant to Texas Occupations Code §
										RSA
				  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 117 - MASSAGE THERAPY › Subchapter B - MASSAGE THERAPY ADVISORY BOARD › Section 117.13 - Presiding Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) The presiding
				  officer of the commission shall designate a member of the advisory board to
				  serve as presiding officer of the advisory board for a term of one
				  year.
(b) 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 117 - MASSAGE THERAPY › Subchapter B - MASSAGE THERAPY ADVISORY BOARD › Section 117.14 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
The advisory board shall meet at the call of the executive
					 director or the presiding officer of the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter C - LICENSED MASSAGE THERAPIST AND STUDENT PERMIT › Section 117.20 - Massage Therapist License - General Requirements and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for a Massage Therapist
				  license an applicant must:
(1) submit a
				  completed application on a department-approved form;
(2) pay the fee required under
				  §117.100;
(3) be at least 18
				  years of age;
(4) ensure that a
				  certified transcript or other acceptable record of all relevant course work is
				  submitted to the department;
(5)
				  provide proof of successfully passing the required exam;
(6) provide proof of successfully passing the
				  jurisprudence exam;
(7)
				  successfully pass a criminal history background check performed by the
				  department in accordance with the Act, the department's criminal conviction
				  guidelines, and pursuant to Texas Occupations Code, Chapters 51 and 53;
				  and
(8) satisfactorily complete
				  massage therapy studies in a minimum 500-hour department approved course at a
				  licensed massage school in which includes at least:
(A) 200 hours of massage therapy techniques
				  and theory and the practice of manipulation of soft tissue, with at least 125
				  hours of Swedish massage therapy techniques;
(B) 50 hours of anatomy;
(C) 25 hours of physiology;
(D) 50 hours of kinesiology;
(E) 40 hours of pathology;
(F) 20 hours of hydrotherapy;
(G) 45 hours of massage therapy laws and
				  rules, business practices and professional ethics;
(H) 20 hours of health, hygiene, first aid,
				  universal precautions, and cardiopulmonary resuscitation (CPR); and
(I) 50-hour internship program.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter C - LICENSED MASSAGE THERAPIST AND STUDENT PERMIT › Section 117.21 - Massage Therapist License - Substantial Equivalence

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant from another state must
				  provide documentation that licensure in another state was obtained by standards
				  substantially equivalent to those of Texas.
(b) An applicant from another territory or
				  foreign country must provide documents verified by the department or a
				  certified credentialing agency confirming that licensure in the territory or
				  foreign country was obtained by standards substantially equivalent to those of
				  Texas.
(c) Degrees, certificates,
				  diplomas, and course work received at other institutions, American or foreign,
				  shall be accepted only if such institution is approved by an education agency
				  in that state or country and the curriculum, the accrediting/credentialing body
				  of that state or country, or the course of studies meets the criteria set out
				  by the Act and this subchapter.
(d)
				  Unless otherwise indicated, an applicant for licensure as a massage therapist
				  must submit all required information and documentation of credentials on
				  department-approved forms as prescribed under §117.20.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter C - LICENSED MASSAGE THERAPIST AND STUDENT PERMIT › Section 117.22 - Massage Therapist License - Examination Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise indicated, all
				  applicants must:
(1) pass a massage therapy
				  examination approved by the department before submitting an application for
				  licensure; and
(2) pass the
				  department's jurisprudence examination before a license will be
				  issued.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter C - LICENSED MASSAGE THERAPIST AND STUDENT PERMIT › Section 117.23 - Massage Therapist License - Issuance of License

Current through Reg. 49, No. 28; July 12, 2024
(a) Licenses and identification cards issued
				  by the department remain the property of the department, must not be altered in
				  any way, and must be surrendered to the department on demand.
(b) A license must be displayed in an
				  appropriate and public manner at the business location of the licensed
				  business, or in the primary office or place of employment of the licensed
				  individual. In the absence of a primary office or place of employment, the
				  licensed individual shall carry a current identification card.
(c) The department will replace a lost,
				  damaged, or destroyed license or identification card upon written request from
				  a licensee and payment of the replacement fee prescribed under
				  §117.100.
(d) A license
				  displayed under subsection (b) must have attached to the front of the license a
				  current photograph of the individual massage therapist.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter C - LICENSED MASSAGE THERAPIST AND STUDENT PERMIT › Section 117.24 - Massage Therapist License Term; Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) A massage therapist license issued under
				  this chapter is valid for two years.
(b) To renew a massage therapist license, a
				  licensee must:
(1) submit a completed renewal
				  application on a department-approved form;
(2) complete all applicable continuing
				  education requirements;
(3) submit
				  all applicable fees as prescribed under §117.100; and
(4) complete the human trafficking prevention
				  training required under Occupations Code, Chapter 116, and provide proof of
				  completion as prescribed by the department. This training must be completed
				  before each renewal.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter C - LICENSED MASSAGE THERAPIST AND STUDENT PERMIT › Section 117.25 - Student Permit - General Requirements and Application; Term

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for a student permit an
				  applicant must:
(1) submit a completed
				  application on a department-approved form; and
(2) submit all applicable fees as prescribed
				  under §117.100.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter D - CONTINUING EDUCATION › Section 117.30 - Massage Therapist Continuing Education - Hours

Current through Reg. 49, No. 28; July 12, 2024
(a) Massage therapists must successfully
				  complete at least twelve hours of approved continuing education per license
				  term.
(b) One hour of credit will
				  be awarded for each clock hour of attendance at acceptable continuing education
				  activities, except as follows:
(1) one
				  semester hour of academic credit will constitute fifteen clock hours of
				  continuing education;
(2) one
				  quarter hour of academic credit will constitute ten clock hours of continuing
				  education; and
(3) 0.1 continuing
				  education unit will constitute one clock hour of continuing
				  education.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter D - CONTINUING EDUCATION › Section 117.31 - Massage Therapist - Approved Continuing Education Courses and Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Acceptable continuing education includes
				  attendance at and completion of department-approved or -recognized institutes,
				  seminars, workshops, state or national conferences, associations, courses
				  provided by an approved massage therapy school, or college and university
				  academic courses. These programs must be designed to increase and enhance
				  professional knowledge, skills, or competence in the practice of massage
				  therapy. The subject matter must be:
(1)
				  directly related to the theory or clinical application of theory pertaining to
				  the practice of massage therapy and the manipulation of soft tissue, massage
				  therapy laws and rules, business practices, professional ethics, anatomy,
				  physiology, hydrotherapy, kinesiology, pathology, or health and
				  hygiene;
(2) first aid and/or CPR,
				  not to exceed six hours total each renewal period; or
(3) advanced massage therapy or bodywork
				  techniques acceptable to the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter D - CONTINUING EDUCATION › Section 117.32 - Massage Therapist Continuing Education - Unacceptable Activities

Current through Reg. 49, No. 28; July 12, 2024
The department shall not give continuing education credit
					 for:
(1) education incidental to the
				  regular professional activities of a massage therapist, such as learning
				  occurring from experience or research;
(2) professional organizational activity,
				  such as serving on committees or councils or as an officer in a professional
				  organization;
(3) college academic
				  courses which are audited or not taken for credit;
(4) independent study, except online or
				  correspondence courses in accordance with the acceptable continuing education
				  requirements of this subchapter; or
(5) any experience which does not comply with
				  the approved continuing education in §117.31.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter D - CONTINUING EDUCATION › Section 117.33 - Massage Therapist Continuing Education - Records and Audits

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will monitor a licensee's
				  compliance with continuing education requirements by the use of a random audit
				  system. Supporting documentation of participation in continuing education
				  activities need not be submitted unless an audit notice is received informing
				  the licensee that he or she has been selected for a document audit.
(b) Continuing education supporting
				  documentation includes:
(1) certificates of
				  attendance or completion;
(2)
				  transcripts of academic work or approved course work; or
(3) any other documentation acceptable to the
				  department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter D - CONTINUING EDUCATION › Section 117.34 - Approved Continuing Education Providers - Requirements and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Continuing education providers may apply
				  for provider approval on department-approved forms and pay the required fee
				  prescribed under §117.100. Approved applications are effective for two
				  years from the date of approval.
(b) Approved providers of continuing
				  education must comply with all education requirements set out in this
				  subchapter.
(c) Approved providers
				  of continuing education must maintain attendance records of all continuing
				  education activities for a period of five (5) years.
(d) Approved providers shall issue a
				  certificate of attendance to each participant in a program. The certificate of
				  attendance shall contain:
(1) the name of the
				  approved provider and approval number;
(2) the name of the participant;
(3) the title of the program;
(4) the number of credit hours
				  given;
(5) the subject(s) included
				  in the program;
(6) the date and
				  place of the program; and
(7) the
				  signature of the approved provider.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter E - LICENSED MASSAGE THERAPY INSTRUCTORS › Section 117.40 - Massage Therapy Instructor - General Requirements and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed massage therapy instructor
				  shall instruct the 125 hours of Swedish massage therapy, any other instruction
				  in massage techniques or manipulation of soft tissue, and the internship
				  portion of the required course of instruction.
(b) To qualify for massage therapy instructor
				  license, a person shall:
(1) be a licensed
				  massage therapist;
(2) have a high
				  school diploma, a general equivalence diploma (GED) or a transcript from an
				  accredited college or university showing successful completion of at least
				  twelve (12) semester hours;
(3)
				  submit a statement of assurance that the licensee has been engaged in the
				  practice of massage therapy for at least one year and has conducted 500 hours
				  of hands-on experience (does not include internship hours);
(4) complete a 30-hour course on teaching
				  adult learners. Courses attended may include an instructional certification
				  program, a college level course in teaching adult learners, a continuing
				  education course in teaching adult learners, or an advanced program approved by
				  the department in teaching the course of instruction;
(5) submit a completed application on a
				  department-approved form;
(6) pay
				  the required fee under §117.100; and
(7) successfully pass a criminal history
				  background check performed by the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter E - LICENSED MASSAGE THERAPY INSTRUCTORS › Section 117.41 - Massage Therapy Instructor License Term; Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) A massage therapy instructor license
				  issued under this chapter is valid for two years.
(b) To renew a massage therapy instructor
				  license, a licensee must:
(1) submit a
				  completed renewal application on a department-approved form; and
(2) submit all applicable fees as prescribed
				  under §117.100.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.50 - Massage School License-General Requirements and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless exempt, an individual or entity
				  who provides at a minimum the course of instruction required for licensure to
				  one or more students constitutes a massage therapy educational program and must
				  obtain a massage school license.
(b) To be eligible for a massage school
				  license, an applicant must:
(1) submit a
				  completed application on a department-approved form;
(2) submit proof of ownership of the building
				  or a lease agreement for the first twelve (12) months of operation;
(3) provide a current financial statement
				  reviewed by a public accountant and finalized no more than 180 days prior to
				  the application date;
(4) pay the
				  required fee under §117.100;
(5) successfully pass a criminal history
				  background check performed by the department in accordance with the Act, the
				  department's criminal conviction guidelines, and pursuant to Texas Occupations
				  Code, Chapters 51 and 53;
(6)
				  maintain adequate space and equipment to provide training to enrolled
				  students;
(7) comply with all
				  health and safety standards established by the Act and this chapter;
				  and
(8) submit the name and contact
				  information for the school's designated contact person, if
				  applicable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.51 - Massage School Locations

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  massage school license shall be issued for each approved instructional
				  location. Instruction shall not be provided at an additional location until the
				  department has issued a license for the additional location.
(b) A massage school shall obtain approval
				  for any additional location(s) where the massage therapy educational program
				  will be offered. All policies and curriculum of the original location apply to
				  an additional location(s).
(c) An
				  application for licensure of an additional location must be in accordance with
				  the requirements of §117.50 and include the fee prescribed under
				  §117.100.
(d) The department
				  may approve a massage school to begin operation at an additional location prior
				  to inspection if an inspection of the location has been conducted by the
				  department within the preceding ninety (90) days or if the instruction will be
				  conducted at a public facility, such as a hotel, hospital, university, college,
				  etc.
(e) An application for a
				  change of location of a massage school must be filed and approved by the
				  department before the new location is used. Upon approval of a change of
				  location, no course work may be provided at the previous location.
(f) An applicant for a change of location
				  must:
(1) submit a completed application on a
				  department-approved form;
(2) pay
				  the applicable fee under §117.100;
(3) provide proof of ownership of the
				  building or a lease agreement for the first twelve (12) months of
				  operation;
(4) maintain adequate
				  space and equipment to provide training to enrolled students;
(5) comply with all health and safety
				  standards established by this chapter; and
(6) be inspected and approved by the
				  department prior to the operation of the school at the new location.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 117 - MASSAGE THERAPY › Subchapter F - LICENSED MASSAGE SCHOOLS › Section 117.52 - Change of Massage School Ownership

Current through Reg. 49, No. 28; July 12, 2024
(a) The license of a massage school may not
				  be sold or transferred to another person or owner.
(b) If a massage school changes ownership,
				  the new owner must apply for a new massage school license within thirty (30)
				  days before the change in ownership. A massage school may continue to operate
				  pending approval by the department. The new owner must submit a massage school
				  application for a new license meeting all requirements as defined in
				  §117.50.
(c) A change of
				  ownership may include the following:
(1) For
				  a sole proprietorship, the licensee no longer owns the massage
				  school.
(2) For a partnership or
				  limited partnership, the partnership is dissolved.
(3) For a corporation or limited liability
				  company, if sold to another person or entity. A change of ownership does not
				  include corporate officer or stockholder restructuring.
(4) The addition or deletion of any person
				  defined as an owner.
(5) Legal
				  incompetence or death.