TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 140. ORTHOTICS AND PROSTHETICS

16 TAC §§140.1 - 140.31

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of 16 Texas Administrative Code (TAC), Chapter 140, §§140.1 - 140.31, regarding the Orthotists and Prosthetists program, without changes to the proposed text as published in the October 21, 2016, issue of the Texas Register (41 TexReg 8236). The repeals will not be republished.

The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department). Under Phase 1, the following seven programs were transferred from DSHS to the Commission and the Department: (1) Midwives, Texas Occupations Code, Chapter 203; (2) Speech-Language Pathologists and Audiologists, Chapter 401; (3) Hearing Instrument Fitters and Dispensers, Chapter 402; (4) Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists, Chapter 403; (5) Athletic Trainers, Chapter 451; (6) Orthotists and Prosthetists, Chapter 605; and (7) Dietitians, Chapter 701. The statutory amendments transferring regulation of these seven Phase 1 programs from DSHS to the Commission and the Department took effect on September 1, 2015.

On April 13, 2016, the Commission adopted its own set of rules for the Orthotists and Prosthetists program located at 16 TAC Chapter 114. The Commission's rules were effective October 1, 2016. (41 TexReg 4467). The Department officially commenced all regulatory functions for the Orthotists and Prosthetists program on October 3, 2016.

The current 16 TAC Chapter 140 rules were transferred from DSHS to be repealed to eliminate industry and public confusion. (41 TexReg 7585). These rules were formerly located at 22 TAC Chapter 821. The adopted repeal is necessary to complete the implementation of S.B. 202.

The adopted repeal of §§140.1 - 140.31 eliminates industry and public confusion by removing duplicate and obsolete rules for the Orthotists and Prosthetists program.

The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the October 21, 2016, issue of the Texas Register (41 TexReg 8236). The deadline for public comments was November 21, 2016. The Department did not receive any comments on the proposed repeal during the 30-day public comment period.

At its meeting on January 27, 2017, the Commission adopted the proposed repeal.

The repeal is adopted under Texas Occupations Code, Chapters 51 and 605, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 605. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700507

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


CHAPTER 141. DIETITIANS

SUBCHAPTER A. LICENSED DIETITIANS

16 TAC §§141.1 - 141.22

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of 16 Texas Administrative Code (TAC), Chapter 141, Subchapter A, §§141.1 - 141.22, regarding the Dietitians program, without changes to the proposed text as published in the October 21, 2016, issue of the Texas Register (41 TexReg 8237). The repeals will not be republished.

The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department). Under Phase 1, the following seven programs were transferred from DSHS to the Commission and the Department: (1) Midwives, Texas Occupations Code, Chapter 203; (2) Speech-Language Pathologists and Audiologists, Chapter 401; (3) Hearing Instrument Fitters and Dispensers, Chapter 402; (4) Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists, Chapter 403; (5) Athletic Trainers, Chapter 451; (6) Orthotists and Prosthetists, Chapter 605; and (7) Dietitians, Chapter 701. The statutory amendments transferring regulation of these seven Phase 1 programs from DSHS to the Commission and the Department took effect on September 1, 2015.

On April 13, 2016, the Commission adopted its own set of rules for the Dietitians program located at 16 TAC Chapter 116. The Commission's rules were effective October 1, 2016. (41 TexReg 4481). The Department officially commenced all regulatory functions for the Dietitians program on October 3, 2016.

The current 16 TAC Chapter 141 rules were transferred from DSHS to be repealed to eliminate industry and public confusion (41 TexReg 7585). These rules were formerly located at 22 TAC Chapter 711. The adopted repeal is necessary to complete the implementation of S.B. 202.

The adopted repeal of Subchapter A, §§141.1 - 141.22 eliminates industry and public confusion by removing duplicate and obsolete rules for the Dietitians program.

The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the October 21, 2016, issue of the Texas Register (41 TexReg 8237). The deadline for public comments was November 21, 2016. The Department did not receive any comments on the proposed repeal during the 30-day public comment period.

At its meeting on January 27, 2017, the Commission adopted the proposed repeal.

The repeal is adopted under Texas Occupations Code, Chapters 51 and 701, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 701. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700508

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 436-8179


CHAPTER 142. ATHLETIC TRAINERS

SUBCHAPTER A. GENERAL GUIDELINES AND REQUIREMENTS

16 TAC §§142.1 - 142.20

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of 16 Texas Administrative Code (TAC), Chapter 142, Subchapter A, §§142.1 - 142.20, regarding the Athletic Trainers program, without changes to the proposed text as published in the October 21, 2016, issue of the Texas Register (41 TexReg 8238). The repeals will not be republished.

The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department). Under Phase 1, the following seven programs were transferred from DSHS to the Commission and the Department: (1) Midwives, Texas Occupations Code, Chapter 203; (2) Speech-Language Pathologists and Audiologists, Chapter 401; (3) Hearing Instrument Fitters and Dispensers, Chapter 402; (4) Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists, Chapter 403; (5) Athletic Trainers, Chapter 451; (6) Orthotists and Prosthetists, Chapter 605; and (7) Dietitians, Chapter 701. The statutory amendments transferring regulation of these seven Phase 1 programs from DSHS to the Commission and the Department took effect on September 1, 2015.

On April 13, 2016, the Commission adopted its own set of rules for the Athletic Trainers program located at 16 TAC Chapter 110. The Commission's rules were effective October 1, 2016 (41 TexReg 4435). The Department officially commenced all regulatory functions for the Athletic Trainers program on October 3, 2016.

The current 16 TAC Chapter 142 rules were transferred from DSHS to be repealed to eliminate industry and public confusion. (41 TexReg 7585). These rules were formerly located at 22 TAC Chapter 871. The adopted repeal is necessary to complete the implementation of S.B. 202.

The adopted repeal of Subchapter A, §§142.1 - 142.20 eliminates industry and public confusion by removing duplicate and obsolete rules for the Athletic Trainers program.

The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the October 21, 2016, issue of the Texas Register (41 TexReg 8238). The deadline for public comments was November 21, 2016. The Department received one comment on the proposed repeal during the 30-day public comment period.

Comment--The commenter wanted to know which rules specifically the Department was repealing and referring to as obsolete.

Department Response--The Department is repealing all of the Athletic Trainer rules that were transferred from DSHS and formerly located at 22 TAC Chapter 871. To complete the implementation of S.B. 202, the Department transferred the previous Athletic Trainer rules from Title 22, Chapter 871 to Title 16, Chapter 142. The Department proposed the repeal of the transferred rules since they are duplicate and obsolete. The Commission already has its own set of Athletic Trainers rules at 16 TAC Chapter 110. The Commission's rules at 16 TAC Chapter 110 are not affected by this repeal.

At its meeting on January 27, 2017, the Commission adopted the proposed repeal.

The repeal is adopted under Texas Occupations Code, Chapters 51 and 451, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 451. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700509

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


CHAPTER 143. MIDWIFERY

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of 16 Texas Administrative Code (TAC), Chapter 143, Subchapter A, §§143.1 - 143.4 and 143.7; Subchapter B, §§143.11 - 143.17 and 143.20 - 143.25; Subchapter C, §§143.31 - 143.37, and 143.40; Subchapter D, §§143.51, 143.52, 143.57, 143.58, 143.60, 143.65, 143.70, 143.75, 143.101, 143.111, 143.121, 143.131 and 143.141; and Subchapter E, §§143.161 - 143.174, regarding the Midwives program, without changes to the proposed text as published in the October 21, 2016, issue of the Texas Register (41 TexReg 8239). The repeals will not be republished.

The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department). Under Phase 1, the following seven programs were transferred from DSHS to the Commission and the Department: (1) Midwives, Texas Occupations Code, Chapter 203; (2) Speech-Language Pathologists and Audiologists, Chapter 401; (3) Hearing Instrument Fitters and Dispensers, Chapter 402; (4) Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists, Chapter 403; (5) Athletic Trainers, Chapter 451; (6) Orthotists and Prosthetists, Chapter 605; and (7) Dietitians, Chapter 701. The statutory amendments transferring regulation of these seven Phase 1 programs from DSHS to the Commission and the Department took effect on September 1, 2015.

On April 13, 2016, the Commission adopted its own set of rules for the Midwives program located at 16 TAC Chapter 115. The Commission's rules were effective October 1, 2016. (41 TexReg 4477). The Department officially commenced all regulatory functions for the Midwives program on October 3, 2016.

The current 16 TAC Chapter 143 rules were transferred from DSHS to be repealed to eliminate industry and public confusion. (41 TexReg 7585). These rules were formerly located at 22 TAC Chapter 831. The adopted repeal is necessary to complete the implementation of S.B. 202.

The adopted repeal of Subchapter A, §§143.1 - 143.4 and 143.7 eliminates industry and public confusion by removing duplicate and obsolete rules for the Midwives program.

The adopted repeal of Subchapter B, §§143.11 - 143.17 and 143.20 - 143.25 eliminates industry and public confusion by removing duplicate and obsolete rules for the Midwives program.

The adopted repeal of Subchapter C, §§143.31 - 143.37, and 143.40 eliminates industry and public confusion by removing duplicate and obsolete rules for the Midwives program.

The adopted repeal of Subchapter D, §§143.51, 143.52, 143.57, 143.58, 143.60, 143.65, 143.70, 143.75, 143.101, 143.111, 143.121, 143.131 and 143.141 eliminates industry and public confusion by removing duplicate and obsolete rules for the Midwives program.

The adopted repeal of Subchapter E, §§143.161 - 143.174 eliminates industry and public confusion by removing duplicate and obsolete rules for the Midwives program.

The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the October 21, 2016, issue of the Texas Register (41 TexReg 8239). The deadline for public comments was November 21, 2016. The Department did not receive any comments on the proposed repeal during the 30-day public comment period.

At its meeting on January 27, 2017, the Commission adopted the proposed repeal.

SUBCHAPTER A. THE BOARD

16 TAC §§143.1 - 143.4, 143.7

The repeals are adopted under Texas Occupations Code, Chapters 51 and 203, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 203. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700510

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER B. LICENSURE

16 TAC §§143.11 - 143.17, 143.20 - 143.25

The repeals are adopted under Texas Occupations Code, Chapters 51 and 203, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 203. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700511

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER C. EDUCATION AND EXAMINATION

16 TAC §§143.31 - 143.37, 143.40

The repeals are adopted under Texas Occupations Code, Chapters 51 and 203, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 203. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700512

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER D. PRACTICE OF MIDWIFERY

16 TAC §§143.51, 143.52, 143.57, 143.58, 143.60, 143.65, 143.70, 143.75, 143.101, 143.111, 143.121, 143.131, 143.141

The repeals are adopted under Texas Occupations Code, Chapters 51 and 203, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 203. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700513

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER E. COMPLAINT REVIEW

16 TAC §§143.161 - 143.174

The repeals are adopted under Texas Occupations Code, Chapters 51 and 203, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 203. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700514

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


CHAPTER 144. FITTING AND DISPENSING OF HEARING INSTRUMENTS

16 TAC §§144.1 - 144.31

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of 16 Texas Administrative Code (TAC), Chapter 144, §§144.1 - 144.31, regarding the Hearing Instrument Fitters and Dispensers program, without changes to the proposed text as published in the October 21, 2016, issue of the Texas Register (41 TexReg 8241). The repeals will not be republished.

The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department). Under Phase 1, the following seven programs were transferred from DSHS to the Commission and the Department: (1) Midwives, Texas Occupations Code, Chapter 203; (2) Speech-Language Pathologists and Audiologists, Chapter 401; (3) Hearing Instrument Fitters and Dispensers, Chapter 402; (4) Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists, Chapter 403; (5) Athletic Trainers, Chapter 451; (6) Orthotists and Prosthetists, Chapter 605; and (7) Dietitians, Chapter 701. The statutory amendments transferring regulation of these seven Phase 1 programs from DSHS to the Commission and the Department took effect on September 1, 2015.

On April 13, 2016, the Commission adopted its own set of rules for the Hearing Instrument Fitters and Dispensers program located at 16 TAC Chapter 112. The Commission's rules were effective October 1, 2016. (41 TexReg 4458). The Department officially commenced all regulatory functions for the Hearing Instrument Fitters and Dispensers program on October 3, 2016.

The current 16 TAC Chapter 144 rules were transferred from DSHS to be repealed to eliminate industry and public confusion. (41 TexReg 7585). These rules were formerly located at 22 TAC Chapter 141. The adopted repeal is necessary to complete the implementation of S.B. 202.

The adopted repeal of §§144.1 - 144.31 eliminates industry and public confusion by removing duplicate and obsolete rules for the Hearing Instrument Fitters and Dispensers program.

The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the October 21, 2016, issue of the Texas Register (41 TexReg 8241). The deadline for public comments was November 21, 2016. The Department did not receive any comments on the proposed repeal during the 30-day public comment period.

At its meeting on January 27, 2017, the Commission adopted the proposed repeal.

The repeal is adopted under Texas Occupations Code, Chapters 51, 402 and 401 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 402 and 401 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700515

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


CHAPTER 145. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of 16 Texas Administrative Code (TAC), Chapter 145, Subchapter A, §145.1; Subchapter B, §§145.11 - 145.15; Subchapter C, §§145.31 - 145.33; Subchapter D, §§145.41 - 145.45; Subchapter E, §§145.61 - 145.66; Subchapter F, §§145.81 - 145.86; Subchapter G, §145.91; Subchapter H, §§145.101 - 145.104; Subchapter I, §145.111 and §145.112; Subchapter J, §145.121 and §145.122; Subchapter K, §145.141 and §145.142; Subchapter L, §§145.161 - 145.165; Subchapter M, §145.181 and §145.182; Subchapter N, §§145.191 - 145.204; Subchapter O, §§145.211 - 145.216; Subchapter P, §§145.231 - 145.233, regarding the Speech-Language Pathologists and Audiologists program, without changes to the proposed text as published in the October 21, 2016, issue of the Texas Register (41 TexReg 8242). The rules will not be republished.

The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department). Under Phase 1, the following seven programs were transferred from DSHS to the Commission and the Department: (1) Midwives, Texas Occupations Code, Chapter 203; (2) Speech-Language Pathologists and Audiologists, Chapter 401; (3) Hearing Instrument Fitters and Dispensers, Chapter 402; (4) Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists, Chapter 403; (5) Athletic Trainers, Chapter 451; (6) Orthotists and Prosthetists, Chapter 605; and (7) Dietitians, Chapter 701. The statutory amendments transferring regulation of these seven Phase 1 programs from DSHS to the Commission and the Department took effect on September 1, 2015.

On April 13, 2016, the Commission adopted its own set of rules for the Speech-Language Pathologists and Audiologists program located at 16 TAC Chapter 111. The Commission's rules were effective October 1, 2016. (41 TexReg 4441). The Department officially commenced all regulatory functions for the Speech-Language Pathologists and Audiologists program on October 3, 2016.

The current 16 TAC Chapter 145 rules were transferred from DSHS to be repealed to eliminate industry and public confusion. (41 TexReg 7585). These rules were formerly located at 22 TAC Chapter 741. The adopted repeal is necessary to complete the implementation of S.B. 202.

The adopted repeal of Subchapter A, §145.1 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter B, §§145.11 - 145.15 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter C, §§145.31 - 145.33 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter D, §§145.41 - 145.45 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter E, §§145.61 - 145.66 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter F, §§145.81 - 145.86 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter G, §145.91 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter H, §§145.101 - 145.104 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter I, §145.111 and §145.112 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter J, §145.121 and §145.122 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter K, §145.141 and §145.142 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter L, §§145.161 - 145.165 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter M, §145.181 and §145.182 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter N, §§145.191 - 145.204 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter O, §§145.211 - 145.216 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The adopted repeal of Subchapter P, §§145.231 - 145.233 eliminates industry and public confusion by removing duplicate and obsolete rules for the Speech-Language Pathologists and Audiologists program.

The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the October 21, 2016, issue of the Texas Register (41 TexReg 8242). The deadline for public comments was November 21, 2016. The Department did not receive any comments on the proposed repeal during the 30-day public comment period.

At its meeting on January 27, 2017, the Commission adopted the proposed repeal.

SUBCHAPTER A. DEFINITIONS

16 TAC §145.1

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700518

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER B. THE BOARD

16 TAC §§145.11 - 145.15

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700519

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER C. SCREENING PROCEDURES

16 TAC §§145.31 - 145.33

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700520

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER D. CODE OF ETHICS; DUTIES AND RESPONSIBILITIES OF SUPERVISORS

16 TAC §§145.41 - 145.45

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700522

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER E. REQUIREMENTS FOR LICENSURE OF SPEECH-LANGUAGE PATHOLOGISTS

16 TAC §§145.61 - 145.66

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700524

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER F. REQUIREMENTS FOR LICENSURE OF AUDIOLOGISTS

16 TAC §§145.81 - 145.86

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700525

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER G. REQUIREMENTS FOR DUAL LICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST AND AN AUDIOLOGIST

16 TAC §145.91

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700526

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER H. FITTING AND DISPENSING OF HEARING INSTRUMENTS

16 TAC §§145.101 - 145.104

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700528

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER I. APPLICATION PROCEDURES

16 TAC §145.111, §145.112

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700530

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER J. LICENSURE EXAMINATIONS

16 TAC §145.121, §145.122

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700531

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER K. ISSUANCE OF LICENSE

16 TAC §145.141, §145.142

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700532

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER L. LICENSE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION

16 TAC §§145.161 - 145.165

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700533

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER M. FEES AND PROCESSING PROCEDURES

16 TAC §145.181, §145.182

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700534

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER N. COMPLAINTS, VIOLATIONS, PENALTIES, AND DISCIPLINARY ACTIONS

16 TAC §§145.191 - 145.204

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700535

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER O. TELEHEALTH

16 TAC §§145.211 - 145.216

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700536

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER P. JOINT RULES FOR FITTING AND DISPENSING OF HEARING INSTRUMENTS BY TELEPRACTICE

16 TAC §§145.231 - 145.233

The repeal is adopted under Texas Occupations Code, Chapters 51, 401 and 402 as applicable, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 401 and 402 as applicable. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700537

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179


CHAPTER 146. DYSLEXIA THERAPISTS AND DYSLEXIA PRACTITIONERS

SUBCHAPTER K. DYSLEXIA THERAPISTS AND DYSLEXIA PRACTITIONERS

16 TAC §§146.575 - 146.596

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of 16 Texas Administrative Code (TAC), Chapter 146, Subchapter K, §§146.575 - 146.596, regarding the Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners program, without changes to the proposed text as published in the October 21, 2016, issue of the Texas Register (41 TexReg 8248). The repeals will not be republished.

The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department). Under Phase 1, the following seven programs were transferred from DSHS to the Commission and the Department: (1) Midwives, Texas Occupations Code, Chapter 203; (2) Speech-Language Pathologists and Audiologists, Chapter 401; (3) Hearing Instrument Fitters and Dispensers, Chapter 402; (4) Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists, Chapter 403; (5) Athletic Trainers, Chapter 451; (6) Orthotists and Prosthetists, Chapter 605; and (7) Dietitians, Chapter 701. The statutory amendments transferring regulation of these seven Phase 1 programs from DSHS to the Commission and the Department took effect on September 1, 2015.

On March 9, 2016, the Commission adopted its own set of rules for the Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners program located at 16 TAC Chapter 120. Part of the Commission's rules were effective April 15, 2016, and the remaining sections were effective October 1, 2016. (41 TexReg 2476). The Department officially commenced all regulatory functions for the Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners program on October 3, 2016.

The current 16 TAC Chapter 146 rules were transferred from DSHS to be repealed to eliminate industry and public confusion. (41 TexReg 7585). These rules were formerly located at 25 TAC Chapter 140. The adopted repeal is necessary to complete the implementation of S.B. 202.

The adopted repeal of Subchapter K, §§146.575 - 146.596 eliminates industry and public confusion by removing duplicate and obsolete rules for the Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners program.

The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the October 21, 2016, issue of the Texas Register (41 TexReg 8248). The deadline for public comments was November 21, 2016. The Department did not receive any comments on the proposed repeal during the 30-day public comment period.

At its meeting on January 27, 2017, the Commission adopted the proposed repeal.

The repeal is adopted under Texas Occupations Code, Chapters 51 and 403, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 403. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 7, 2017.

TRD-201700516

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 463-8179