reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.60 - Consulting Physician - Responsibilities and Protocols

Current through Reg. 49, No. 28; July 12, 2024
(a) The consulting physician shall be
				available for emergency consultation with the facility as appropriate to the
				circumstances, including, if the physician considers it necessary, an emergency
				appointment with the client.
(b) If
				the consulting physician is unavailable for an emergency consultation, another
				designated physician shall be available for the consultation with the facility
				relating to care for the client.
(c) The consulting physician and designated
				physician shall have a primary practice site located within seventy-five (75)
				miles of the LHR facility.
(d) The
				consulting physician shall be responsible for reviewing all adverse events and
				for determining whether such events are reportable in accordance with Title 21,
				CFR, Part 803.
(e) The protocols
				required in accordance with §118.30 shall be:
(1) written instructions agreed upon and
				signed and dated by the consulting physician and the LHR facility
				operator;
(2) maintained at the LHR
				facility; and
(3) reviewed and
				signed by the consulting physician and LHR operator at least
				annually.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.61 - Consulting Physician - Audits of LHR Facility Protocols and Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) The consulting physician shall conduct
				audits of the registrant's LHR facility to ensure that operations are being
				conducted in accordance with the protocols established by the contract
				specified in §118.30.
(b) The
				audits shall be unannounced, shall be conducted at the physical site of the LHR
				facility, and shall be conducted at least quarterly.
(c) The audits may be scheduled in advance if
				the consulting physician determines that advance notice does not compromise the
				ability to determine that operations are being conducted in accordance with
				established protocols.
(d) The
				audits may be conducted by the consulting physician, another designated
				physician or an advanced practice nurse or physician's assistant acting under
				the consulting physician's delegated authority.
(e) If the audit is conducted by an advanced
				practice nurse or physician's assistant, the consulting physician shall sign
				the audit.
(f) The consulting
				physician shall make records of audits conducted under the terms of the
				contract and maintain those records in accordance with the requirements of this
				chapter. The consulting physician audit records shall be maintained in
				accordance with this chapter.
(g)
				The record of the audit shall include at least the following:
(1) date audit was performed;
(2) name of the LHR facility
				audited;
(3) assessment of the LHR
				facility's performance of the protocols established by the written contract;
				and
(4) signature of the consulting
				physician, the LHR facility operator, and any other designated physician or
				advanced practice nurse or physician's assistant acting under the consulting
				physician's delegated authority to conduct the audit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.70 - Laser Hair Removal Devices - General and Operating Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) No person shall make, sell, lease,
				transfer, or lend laser hair removal devices unless such devices, when properly
				placed in operation and use, meet the applicable requirements of this 22 TAC
				§ 289.301.
(b) A LHR device
				used in a LHR facility shall comply with all applicable federal and state laws
				and regulations.
(c) A person who
				adulterates or misbrands a LHR device under Health and Safety Code, §
									RSA
				431.111 or §
									RSA
				431.112 violates Health and Safety Code,
				Chapter 431. The Department of State Health Services - Radiation Control
				Program may investigate a person accused of adulterating or misbranding a LHR
				device.
(d) A LHR device used by a
				LHR facility may be purchased either by a physician (such as the consulting
				physician or other designated physician for emergencies) or by a LHR facility
				pursuant to a written prescription or other order of a licensed physician in
				Texas.
(e) A prescription or other
				order from a licensed physician for the purchase of a LHR device must include
				at a minimum:
(1) the date of the order's
				issue;
(2) the name and quantity of
				the LHR device(s) authorized to be purchased;
(3) the name, address, and telephone number
				of the registered LHR facility authorized to purchase and own the
				laser;
(4) the intended use of the
				device is limited to nonablative laser hair removal;
(5) the name, address, and telephone number
				of the physician at the physician's usual place of business, legibly printed or
				stamped;
(6) a statement that the
				prescription is valid up to twelve (12) months from the date of issue;
				and
(7) the signature of the
				authorizing physician.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.71 - Laser Hair Removal Devices - Stolen, Lost, or Missing

Current through Reg. 49, No. 28; July 12, 2024
(a) Each person registered by the department
				shall report to the Department of State Health Services - Radiation Control
				Program a stolen, lost, or missing LHR device within seventy-two (72) hours
				after its occurrence becomes known to the registrant.
(b) Each person required to make a report
				shall, within thirty (30) days after making the initial report, make a written
				report to the Department of State Health Services - Rational Control Program
				that includes the following information:
(1)
				a description of the LHR device involved, including the manufacturer, model,
				serial number, and class;
(2) a
				description of the circumstances under which the loss or theft
				occurred;
(3) a statement of
				disposition, or probable disposition, of the LHR device involved;
(4) actions that have been taken, or will be
				taken, to recover the LHR device; and
(5) procedures or measures that have been
				taken to prevent the loss or theft of LHR devices in the future.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All fees paid to the department are
				non-refundable.
(b) The two-year
				initial certification fee for a facility certificate of LHR registration is
				$900.
(c) The two-year renewal fee
				for a facility certificate of LHR registration is $750.
(d) The two-year initial certification fees
				and two-year renewal fees for individual LHR certificates are as follows:
(1) LHR professional--$150;
(2) senior LHR technician--$100;
(3) LHR technician--$70; and
(4) LHR
				apprentice-in-training--$50.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.90 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
If an individual or entity violates any provision of Texas
				  Occupations Code, Chapters 51 or Texas Health and Safety Code Chapter 401,
				  Subchapter M, 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 Texas Health and Safety Code Chapter 401,
				  Subchapter M and any associated rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.91 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
				  Code, Chapters 51 and Texas Health and Safety Code Chapter 401, Subchapter M
				  and any associated rules may be used to enforce Texas Health and Safety Code
				  Chapter 401, Subchapter M and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.100 - Records Retention Requirements

Current through Reg. 49, No. 28; July 12, 2024
All records required by this chapter shall be properly
				  maintained in accordance to the following time requirements for records
				  keeping:
(1) Retain for Three Years:
(A) Audits (§118.61);
(B) Inventory (§118.31);
(C) Instruction to Individuals
				(§118.70);
(D) Protective
				Eyewear Examination (§118.70); and
(E) LHR Procedures Performed
				(§118.70).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 118 - LASER HAIR REMOVAL › Section 118.110 - Disclosures and Confidentiality Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by subsection (b), the
				registrant or any other person may not disclose a client record required to be
				kept by the department, the Department of State Health Services, or another
				authorized agency.
(b) The
				registrant or any other person may disclose a client record if:
(1) the client or a person authorized to act
				on behalf of the client requests the record;
(2) the department, the Texas Medical Board,
				a health authority, or an authorized agency requests the record;
(3) the client consents in writing to
				disclosure of the record to another person;
(4) the client is a victim, witness, or
				defendant in a criminal proceeding and the record is relevant to that
				proceeding;
(5) the record is
				requested in a criminal or civil proceeding by court order or subpoena;
				or
(6) disclosure is otherwise
				prohibited by law.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 119 - SANITARIANS › Section 119.3 - Scope of Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				implements Occupations Code, Chapter 1953, which requires the Texas Commission
				of Licensing and Regulation to adopt rules to implement a program for the
				registration of sanitarians.
(b)
				These sections apply to persons whose duties in consumer health require the
				application of scientific knowledge to recognize, evaluate, and control hazards
				associated with the distribution of contaminated, adulterated, unsafe and
				misbranded foods, drugs, medical devices, and cosmetics and to persons whose
				duties in environmental health or sanitation require the application of
				scientific knowledge to recognize, evaluate, and control environmental hazards
				and to preserve and improve environmental factors for the achievement of the
				health, safety, comfort, and well-being of humans.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 119 - SANITARIANS › Section 119.10 - Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				may establish an advisory committee to provide advice and recommendations to
				the department on technical matters relevant to the administration of this
				chapter. The name of the advisory committee shall be the Registered Sanitarian
				Advisory Committee.
(b) The
				advisory committee shall be composed of nine members appointed by the presiding
				officer of the commission. The composition of the committee shall include:
(1) five registered sanitarians;
(2) one professional engineer, or one on-site
				sewage facility (OSSF) professional who is not and has never been registered as
				a sanitarian in Texas;
(3) two
				consumers, one of which must be a member of an industry or occupation which is
				regulated either by a city or county environmental health unit or department or
				equivalent, or by the Department of State Health Services; and
(4) one person involved in education in the
				field of public, consumer, or environmental health sciences.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 119 - SANITARIANS › Section 119.11 - Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The presiding officer of the commission
				shall, with the approval of the commission, designate a member of the advisory
				committee as the presiding officer of the committee to serve for a term of two
				years.
(b) The presiding officer of
				the advisory committee shall preside at all committee meetings at which he or
				she is in attendance. The presiding officer of the advisory committee may vote
				on any matter before the committee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 119 - SANITARIANS › Section 119.13 - Terms; Vacancies

Current through Reg. 49, No. 28; July 12, 2024
(a) Members of the
				advisory committee shall serve staggered six-year terms so that the terms of
				three members will expire on February 1 of each odd-numbered year.
(b) Members shall serve after expiration of
				their term until a replacement is appointed.
(c) 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.
(d) A member of the advisory committee may be
				removed from the committee pursuant to Texas Occupations Code §
				51.209.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 119 - SANITARIANS › Section 119.14 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory committee shall meet at the
				call of the presiding officer of the commission or the executive
				director.
(b) A quorum of the
				advisory committee is necessary to conduct official business.
(c) Committee action shall require a majority
				vote of those members present and voting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 119 - SANITARIANS › Section 119.15 - Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
(a) An advisory committee member serves
				without compensation but is entitled to reimbursement for actual and necessary
				expenses incurred in performing duties as a committee member, subject to any
				applicable limitation on reimbursement provided by the General Appropriations
				Act.
(b) Expense reimbursements to
				advisory committee members:
(1) are limited
				to authorized expenses incurred while traveling to and from committee meetings;
				and
(2) must be limited to those
				allowed by the State of Texas Travel Allowance Guide, the department's policies
				governing employee travel allowances, and the General Appropriations
				Act.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 119 - SANITARIANS › Section 119.20 - Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
An applicant for registration must submit all required
				  information on department-approved forms and provide:
(1) an official transcript from an accredited
				college or university showing graduation with a bachelor's degree that included
				30 semester hours or its equivalent in a basic or applied science;
(2) proof of certification by the National
				Environmental Health Association (NEHA) as a Registered Environmental Health
				Specialist/Registered Sanitarian (if certified); and
(3) the required fee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 119 - SANITARIANS › Section 119.21 - Registration Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To be
				eligible for registration as a sanitarian, an applicant must:
(1) possess a bachelor's degree from an
				accredited college or university including at least thirty (30) semester hours
				or its equivalent in a basic or applied science;
(2) possess at least two years of full-time
				experience in the fields of consumer health, environmental health, or
				sanitation. Regularly assigned duties must have included consumer health,
				environmental health, or sanitation. The applicant need not have had the title
				"sanitarian" or "sanitarian in training". The duties may include the following:
(A) regulatory inspections or evaluations of
				retail food establishments; retail grocery stores; food warehousing facilities;
				food manufacturing facilities; food service at special events; mobile food
				service vehicles and facilities; producer dairy farms; dairy product
				manufacturing facilities; frozen dessert manufacturing facilities; on-site
				sewage facilities; asbestos abatement processes; mass gathering events;
				industrial pretreatment processes (sewage); municipal sewage facilities and
				wastewater plants; public and semi-public swimming pools; child care
				facilities; long term care facilities; hospitals; correctional facilities;
				public and private schools; youth camps; and recreational areas for children;
				radiation hazards, including lasers and microwaves; and private and public
				water systems;
(B) site evaluation
				and design of on-site sewage system facilities as specified in Texas Commission
				on Environmental Quality rules;
(C)
				Hazard Analysis and Critical Control Point (HACCP) systems or
				processes;
(D) investigation of
				food borne illnesses; water borne illnesses; vector borne illnesses; zoonotic
				illnesses; food product contamination or adulteration; the environmental
				conditions surrounding reported elevated blood lead in children and adults;
				consumer, governmental agency or industry complaints; and animal
				bites;
(E) performance of vector
				control activities related to mosquitoes, flies and rodents; environmental
				assessments; code enforcement activities; and food handler or certified food
				service manager training;
(F) first
				responder to hazardous material spills and incidents; and natural and man-made
				disasters; or
(G) regulatory review
				of plans and specifications for food establishments; plans and specifications
				for public, semi-public and private swimming pools; and plans and
				specifications for on-site sewage systems facilities;
(3) pass the registration
				examination;
(4) submit the
				completed department-approved application;
(5) submit the required fees; and
(6) 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 119 - SANITARIANS › Section 119.23 - Educational Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Courses
				acceptable to meet the initial educational requirements for examination as a
				sanitarian or sanitarian in training include the following:
(1) air pollution;
(2) anatomy;
(3) animal science;
(4) bacteriology;
(5) biochemistry;
(6) biology;
(7) biomedical science;
(8) biophysics;
(9) biostatistics;
(10) botany;
(11) cell physiology;
(12) chemical engineering;
(13) chemistry;
(14) community health;
(15) computer science;
(16) dairy science;
(17) ecology;
(18) embryology;
(19) entomology;
(20) environmental health;
(21) environmental science;
(22) environmental diseases;
(23) environmental law;
(24) epidemiology;
(25) food bacteriology;
(26) food science;
(27) food technology;
(28) genetics;
(29) geophysics;
(30) geology;
(31) hazardous waste;
(32) histology;
(33) hydrogeology;
(34) hydrology;
(35) industrial hygiene;
(36) infectious diseases;
(37) limnology;
(38) mathematics;
(39) courses taken in an accredited
				allopathic or osteopathic school of medicine;
(40) meteorology;
(41) microbiology;
(42) molecular biology;
(43) occupational health;
(44) occupational safety;
(45) parasitology;
(46) pathology;
(47) physics;
(48) physiology;
(49) plant taxonomy;
(50) public health;
(51) public health education;
(52) public health law;
(53) radiological health;
(54) sanitary engineering;
(55) soil science;
(56) statistics;
(57) toxicology;
(58) vector control;
(59) veterinary medical courses;
(60) veterinary public health;
(61) virology;
(62) wastewater treatment;
(63) water quality; or
(64) zoology.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 119 - SANITARIANS › Section 119.24 - Examination for Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				department shall review all applications prior to the examination. An applicant
				who meets the education and experience requirements shall be approved to take
				the examination.
(b) An applicant
				meeting the requirements for qualifications for registration as a sanitarian or
				a sanitarian in training who is not currently certified by the National
				Environmental Health Association (NEHA) as a Registered Environmental Health
				Specialist/Registered Sanitarian (REHS/RS) shall be approved to take the
				exam.
(c) The examination shall
				consist of a written examination prescribed by the department under the
				supervision of a person or agency designated by the department.
(d) The examination may be administered and
				graded by:
(1) the department or the
				department's designee; or
(2) the
				National Environmental Health Association (NEHA) or designee as a part of the
				certification process for the REHS/RS.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 119 - SANITARIANS › Section 119.26 - Registration Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A registration
				issued under this chapter expires two years from the date of
				issuance.
(b) To renew a
				registration, an applicant must:
(1) submit a
				completed department-approved renewal application;
(2) complete the continuing education
				requirement in §119.27;
(3)
				submit the required fees; and
(4)
				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 119 - SANITARIANS › Section 119.27 - Continuing Education Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A registered sanitarian must obtain and show proof of 24 continuing education
				hours related to the field of consumer health, environmental health, or
				sanitation taken within the 24 months preceding renewal for a registration
				issued for a two-year term.
(b)
				Only the following continuing education activities shall serve as a basis for
				registration renewal:
(1) approved by the
				department or its designee in accordance with this section; or
(2) approved by another professional
				regulatory agency in Texas as acceptable continuing education for registration
				renewal.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 119 - SANITARIANS › Section 119.70 - Standards of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) A registrant
				shall not use advertising that is false, misleading, or deceptive, or
				advertising that is not readily subject to verification, including 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
				customer or client likely to create an unjustified expectation about the
				results of a service or procedure;
(3) compares a professional's service with
				another professional's services unless the comparison can be factually
				substantiated;
(4) causes confusion
				or misunderstanding as to the credentials, education, or registration of a
				professional; or
(5) advertises or
				represents in the use of a professional name, 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 119 - SANITARIANS › Section 119.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All fees submitted to the department are
				nonrefundable.
(b) The schedule of
				fees is as follows:
(1) Initial fee for
				application and registration:
(A) sanitarian
				in training--$120;
(B) registered
				sanitarian--$130.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 119 - SANITARIANS › Section 119.90 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
If a person or entity violates any provision of the Texas
				  Occupations Code, Chapters 51 or 1953, 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 1953 and any
				  associated rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 119 - SANITARIANS › Section 119.95 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
				  Code, Chapters 51 and 1953 and any associated rules may be used to enforce
				  Texas Occupations Code, Chapters 51, 1953, and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of Texas
				  Occupations Code, Chapters 51 and 403.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Act--Texas Occupations
				Code, Chapter 403.
(2)
				Advertising--The solicitation for business utilizing the titles "licensed
				dyslexia therapist" or "licensed dyslexia practitioner."
(3) Applicant--A person who applies for a
				license to use the title "licensed dyslexia therapist" or "licensed dyslexia
				practitioner."
(4) Client--A person
				who is receiving dyslexia services from a license holder.
(5) Commission--The Texas Commission of
				Licensing and Regulation.
(6)
				Committee--The Dyslexia Therapists and Practitioners Advisory
				Committee.
(7) Department--The
				Texas Department of Licensing and Regulation.
(8) Executive director--The executive
				director of the department.
(9)
				License--A license issued under the Act authorizing a person to use the title
				"licensed dyslexia therapist" or "licensed dyslexia practitioner."
(10) License holder--A person who has been
				granted a license to use the title "licensed dyslexia therapist" or "licensed
				dyslexia practitioner" in accordance with the Act.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.20 - Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise indicated, applicants
				for a license must submit all required information on department-approved
				forms.
(b) Applicants must submit
				the following, as applicable for the license type for which the applicant is
				applying:
(1) a completed application on a
				department-approved form;
(2)
				official transcript(s) of all relevant college work or educational programs
				demonstrating successful completion and degrees earned as applicable to the
				requirements under the Act and §120.21 and §120.22;
(3) documentation of successful completion of
				applicable examination requirements under the Act and this chapter, including
				copies of certificates issued by the Academic Language Therapy
				Association;
(4) the form providing
				information regarding other state licenses, certificates or registrations that
				an applicant holds or held, if applicable; and
(5) the fee required under
				§120.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.21 - Dyslexia Therapist Licensing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who holds current certification
				as an academic language therapist issued by the Academic Language Therapy
				Association or its equivalent as approved by the department, may be licensed as
				a dyslexia therapist if the person has earned at least a master's degree from
				an accredited public or private institution of higher education.
(b) A person who qualifies for licensure
				under subsection (a) is not required to provide documentation to the department
				that the person meets the requirements of Occupations Code §
									RSA
				403.105, Eligibility for Licensed Dyslexia
				Therapist License.
(c) A licensed
				dyslexia therapist may practice in a school, learning center, clinic, or
				private practice setting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.22 - Dyslexia Practitioner Licensing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who holds current certification
				as an academic language practitioner issued by the Academic Language Therapy
				Association or its equivalent, as approved by the department, may be licensed
				as a dyslexia practitioner if the person has earned a bachelor's degree from an
				accredited public or private institution of higher education.
(b) A person who qualifies for licensure
				under subsection (a) is not required to provide documentation to the department
				that the person meets the requirements of Occupations Code §
									RSA
				403.104, Eligibility for Licensed Dyslexia
				Practitioner License.
(c) A
				licensed dyslexia practitioner may practice only in an educational setting,
				including a school, learning center, or clinic.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.23 - Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) The examination designated and approved
				by the department for licensure as a dyslexia therapist is the therapist level
				examination administered by the Academic Language Therapy
				Association.
(b) The examination
				designated and approved by the department for licensure as a dyslexia
				practitioner is the practitioner level examination administered by the Academic
				Language Therapy Association.
(c)
				The applicable licensure examination requirement is waived for a person who
				holds current certification as an academic language therapist or academic
				language practitioner issued by the Academic Language Therapy Association, or
				its equivalent, as approved by the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.24 - Requirements for Training Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				purposes of determining whether an applicant satisfies the training
				requirements for a license under the Act, a multisensory structured language
				education training program completed by the applicant must meet the
				requirements in Occupations Code, §
									RSA
				403.106 and must have provided instruction
				based on the Texas Education Agency publication "The Dyslexia Handbook:
				Procedures Concerning Dyslexia and Related Disorders" (2014) or a revised
				version of that publication approved by the department.
(b) Training programs accredited by the
				International Multisensory Structured Language Education Council (IMSLEC), meet
				the requirements of the Act.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.25 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				holder must complete 20 clock-hours of continuing education during each
				two-year licensure period.
(b)
				Continuing education credit taken by a license holder for renewal shall be
				acceptable if the experience falls in one or more of the following categories
				and meets the requirements of subsection (c):
(1) academic courses at a regionally
				accredited college or university;
(2) in-service educational programs, training
				programs, institutes, seminars, workshops and conferences, including courses
				and programs provided by education service centers;
(3) instructing or presenting education
				programs or activities at an academic course, in-service educational programs,
				training programs, institutes, seminars, workshops and conferences not to
				exceed five clock-hours each continuing education period;
(4) publishing a book or an article in a peer
				review journal not to exceed five clock-hours each continuing education period;
				or
(5) successful completion of a
				self-study program, not to exceed ten clock-hours each continuing education
				period.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.26 - Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) To renew a license, a license holder
				must:
(1) submit a complete renewal
				application on a department-approved form;
(2) successfully pass a criminal history
				background check;
(3) complete 20
				hours of continuing education required under §120.25;
(4) comply with the continuing education
				audit process described under §120.25, as applicable; and
(5) submit the fee required under
				§120.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.65 - Dyslexia Therapists and Practitioners Advisory Committee; Membership

Current through Reg. 49, No. 28; July 12, 2024
(a) The Dyslexia Therapists and Practitioners
				Advisory Committee shall be appointed under and governed by the Act and this
				section. The committee is established under the authority of Occupations Code
				§
									403.051.
(b) The purpose of the committee is to
				provide advice to the department regarding the administration of the
				Act.
(c) The committee shall be
				composed of five members appointed by the presiding officer of the commission
				with the approval of the commission. The composition of the committee shall
				include:
(1) two dyslexia therapists licensed
				under the Act;
(2) one dyslexia
				practitioner licensed under the Act; and
(3) two consumer or public members, one of
				whom must be a person with dyslexia or the parent of a person with
				dyslexia.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.66 - Duties

Current through Reg. 49, No. 28; July 12, 2024
The committee shall advise the department regarding rules
				  relating to the licensure and regulation of dyslexia therapists and dyslexia
				  practitioners, including continuing education requirements and the approved
				  examination for licensure.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.67 - Terms; Vacancies

Current through Reg. 49, No. 28; July 12, 2024
The term of office of each member shall be six years. Members
				  shall serve after expiration of their term until a replacement is
				  appointed.
(1) Members shall be
				appointed for staggered terms so that the terms of a substantially equivalent
				number of members will expire on December 31st of each odd-numbered
				year.
(2) 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.
(3) A member of the advisory committee may be
				removed from the advisory committee 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 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.68 - Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The presiding officer of the commission
				shall designate a member of the advisory committee as the presiding officer of
				the advisory committee to serve for a term of one year.
(b) The presiding officer of the advisory
				committee shall preside at all committee meetings at which he or she is in
				attendance. The presiding officer of the advisory committee may vote on any
				matter before the advisory committee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.69 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory committee shall meet at the
				call of the presiding officer of the commission or the executive
				director.
(b) A quorum of the
				advisory committee is necessary to conduct official business. A quorum is three
				members.
(c) Advisory committee
				action shall require a majority vote of those members present and
				voting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.70 - Responsibilities of License Holders

Current through Reg. 49, No. 28; July 12, 2024
(a)
				License holders shall notify the department of changes in name or mailing
				address within thirty (30) days of such change(s).
(b) Notification of address changes shall be
				made through the department's website, in writing, or by telephone.
				Notification of name changes shall be in writing and shall include the former
				and present name, license number, former and present mailing address, and a
				copy of the legal name change document, such as a marriage license, court order
				or divorce decree.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise specified, the fees
				established in this section must be paid to the department before a license
				will be issued or renewed.
(b) All
				fees paid to the department are nonrefundable.
(c) Licensing fees are as follows:
(1) application and initial
				license--$150
(2)
				renewal--$150
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.90 - Professional Standards and Basis for Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
(a) This section is authorized under Texas
				Occupations Code, Chapters 51 and 403.
(1) If
				a person violates any provision of Texas Occupations Code, Chapters 51, 403, or
				any other applicable provision, this chapter, or a 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 the Texas Occupations Code and the associated
				rules.
(2) The enforcement
				authority granted under Texas Occupations Code, Chapters 51 and 403, and any
				associated rules may be used to enforce the Texas Occupations Code and this
				chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 120 - LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS › Section 120.95 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall list, with its
				business telephone number, a toll-free telephone number established to accept
				complaints relating to a health profession regulated by the
				department.
(b) For purposes of
				this section, a health profession is a profession for which the enabling
				statute is located in Title 3, Occupations Code, or that is determined to be a
				health profession under other law.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter A - GENERAL PROVISIONS › Section 121.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of Texas
					 Occupations Code, Chapters 51, 111, and 506.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter A - GENERAL PROVISIONS › Section 121.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Act--Texas Occupations
				  Code, Chapter 506.
(2)
				  Advertising--The offer to perform behavior analysis services by an individual
				  or business, including utilizing the titles "licensed behavior analyst" or
				  "licensed assistant behavior analyst."
(3) Advisory Board--The Behavior Analyst
				  Advisory Board.
(4) Applicant--A
				  person who applies for a license to use the title "licensed behavior analyst"
				  or "licensed assistant behavior analyst" or to practice behavior
				  analysis.
(5) Applied behavior
				  analysis--The practice of applied behavior analysis is defined and described in
				  the Act, §506.003.
(6)
				  Authorized representative--A person or entity that is legally authorized to
				  represent the interests of a client and perform functions including making
				  decisions about behavior analysis services.
(7) Behavior Analyst Certification Board
				  (BACB)--A certifying entity for persons practicing behavior analysis.
(8) Client--A person who is:
(A) an individual receiving behavior analysis
				  services from a license holder;
(B)
				  an authorized representative of the individual receiving behavior analysis
				  services; or
(C) an individual,
				  institution, school, school district, educational institution, agency, firm,
				  corporation, organization, government or governmental subdivision, business
				  trust, estate, trust, partnership, association, or any other legal entity not
				  receiving behavior analysis services for its own treatment purposes.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter B - LICENSING REQUIREMENTS › Section 121.20 - Applications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Unless otherwise indicated, an applicant for a license must submit all required
				  information in a manner specified by the department.
(b) An applicant must submit the following:
(1) a complete application;
(2) the applicant's certification number by a
				  behavior analyst certifying entity or other documentation of current
				  certification by a behavior analyst certifying entity approved by the
				  department; and
(3) the fee
				  required under §121.85.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter B - LICENSING REQUIREMENTS › Section 121.21 - Behavior Analyst Licensing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify for licensure as a behavior
				  analyst, a person must:
(1) hold current
				  certification as a Board Certified Behavior Analyst or a Board Certified
				  Behavior Analyst-Doctoral or equivalent, issued by the Behavior Analyst
				  Certification Board or other certifying entity approved by the
				  department;
(2) be in compliance
				  with all professional, ethical, and disciplinary standards established by the
				  certifying entity; and
(3) meet the
				  educational requirements of the certifying entity for the Board Certified
				  Behavior Analyst, the Board Certified Behavior Analyst-Doctoral, or an
				  equivalent standard of the certifying entity approved by the
				  department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 121 - BEHAVIOR ANALYST › Subchapter B - LICENSING REQUIREMENTS › Section 121.22 - Assistant Behavior Analyst Licensing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify for licensure as an assistant
				  behavior analyst, a person must:
(1) hold
				  current certification as a Board Certified Assistant Behavior Analyst or
				  equivalent, issued by the Behavior Analyst Certification Board or other
				  certifying entity approved by the department;
(2) be in compliance with all professional,
				  ethical, and disciplinary standards established by the certifying
				  entity;
(3) be in compliance with
				  the applicable supervision requirements of the certifying entity at all times
				  when practicing behavior analysis; and
(4) meet the educational requirements of the
				  certifying entity for the Board Certified Assistant Behavior Analyst or an
				  equivalent standard of the certifying entity approved by the
				  department.