Rule Transfer

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 202 (SB 202), 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 and the Texas Department of Licensing and Regulation (Department). Under Phase I, the following seven programs are being transferred from DSHS to the Commission and the Department: (I) Midwives, Texas Occupations Code, Chapter 203; (2) Speech-Language Pathologists and Audiologists, Texas Occupations Code, Chapter 401; (3) Hearing Instrument Fitters and Dispensers, Texas Occupations Code , Chapter 402; ( 4) Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists, Texas Occupations Code, Chapter 403; (5) Athletic Trainers, Texas Occupations Code, Chapter 451; (6) Orthotists and Prosthetists, Texas Occupations Code, Chapter 605; and (7) Dietitians, Texas Occupations Code, Chapter 701. The statutory amendments transferring regulation of these seven Phase I programs from DSHS to the Commission and the Department took effect on September 1, 2015.

To comply with SB 202, the Department has adopted rules to regulate the respective Phase I programs; however, the Department will need to repeal the existing DSHS rules to eliminate any confusion within the respective industries. To accomplish the repeal, the following DSHS rules will be transferred effective October 1, 2016.

Title 22, Chapter 821 to Title 16, Chapter 140

Title 22, Chapter 711 to Title 16, Chapter 141

Title 22, Chapter 871 to Title 16, Chapter 142

Title 22, Chapter 83 I to Title 16, Chapter 143

Title 22, Chapter 141 to Title 16, Chapter 144

Title 22, Chapter 741 to Title 16, Chapter 145

Title 25, Chapter 140 (Subchapter K only) to Title 16, Chapter 146

Transfer Charts (.pdf) TRD-201604728