TITLE 22. EXAMINING BOARDS

PART 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD

CHAPTER 157. RULES RELATING TO PRACTICE AND PROCEDURE

SUBCHAPTER A. GENERAL PROVISIONS

22 TAC §157.4

The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to 22 TAC §157.4, Computation of Time; Mailbox Rule. The proposed amendments would provide additional guidance to applicants, license holders, and members of the public and clarify the requirements for computing time under the TALCB Rules.

Kristen Worman, General Counsel, has determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal implications for the state or units of local government as a result of enforcing or administering the proposed amendments. There is no adverse economic impact anticipated for local or state employment, rural communities, small businesses, or micro businesses as a result of implementing the proposed amendments. There is no significant economic cost anticipated for persons who are required to comply with the proposed amendments. Accordingly, no Economic Impact statement or Regulatory Flexibility Analysis is required.

Ms. Worman has also determined that for each year of the first five years the proposed amendments and rules are in effect the public benefits anticipated as a result of enforcing the proposed amendments will be improved guidance and information for applicants, license holders, and members of the public.

Growth Impact Statement:

For each year of the first five years the proposed amendments and rules are in effect the amendments and rules will not:

- create or eliminate a government program;

- require the creation of new employee positions or the elimination of existing employee positions;

- require an increase or decrease in future legislative appropriations to the agency;

- require an increase or decrease in fees paid to the agency;

- create a new regulation;

- expand, limit or repeal an existing regulation; and

- increase the number of individuals subject to the rule's applicability.

For each year of the first five years the proposed amendments are in effect, there is no anticipated impact on the state's economy as the proposed amendments would simply provide additional guidance and clarify the requirements for computing time under the TALCB Rules.

Comments on the proposed amendments may be submitted to Kristen Worman, General Counsel, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188 or emailed to: general.counsel@talcb.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules for certifying or licensing an appraiser or appraiser trainee; and §1104.051, which authorizes TALCB to adopt rules necessary to administer Chapter 1104, Texas Occupations Code.

The statutes affected by these amendments are Chapters 1103 and 1104, Texas Occupations Code. No other statute, code or article is affected by the proposed amendments.

§157.4.Computation of Time; Mailbox Rule.

(a) Computation of Time. The following rules apply when computing any time period specified in Chapters 153, 157 or 159, or in any statute that does not specify a method of computing time: [In computing any period of time described or allowed by this chapter, by order of the Board, or by any applicable statute, the period shall begin on the day after the act, event or default in controversy and conclude on the last day of such computed period, unless it be a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday nor a legal holiday.]

(1) Exclude the day of the event that triggers the time period;

(2) Count every day, including intermediate Saturdays, Sundays, and legal holidays; and

(3) Include the last day of the period, except if the last day of the period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

(4) Board office closed or inaccessible. If the Board's office in Austin is closed or inaccessible on the last day of the period as computed under subsection (a)(3) of this section, then the time period is extended to the first day the Board is open and accessible that is not a Saturday, Sunday, or legal holiday.

(b) Mailbox rule.

(1) Service by mail is complete upon deposit of the notice in a prepaid, properly addressed envelope in a post office or official depository under the care and custody of the United States Postal Service.

(2) Service by electronic mail is complete upon sending an email to the respondent's or applicant's email address as shown in the Board's records.

(3) Presumption of receipt. Unless proven by evidence submitted to the contrary, a rebuttable presumption that respondent or applicant received proper notice from the Board will arise:

(A) immediately after sending electronic mail to the respondent's or applicant's email address as shown in the Board's records; or

(B) three business days after the date the notice is deposited with the United States Postal Service.

(4) Failure to claim or refusal of properly addressed certified or registered mail does not support a finding of nonreceipt.

(c) Definitions. For purposes of this section, the following definitions apply:

(1) Last day - Unless a different time is set in statute or Board order, the last day ends:

(A) For electronic filing, at midnight in the Board's time zone;

(B) For filing by other means, when the Board's office is scheduled to close.

(2) Next day - The next day is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.

(3) Legal holiday - the term "legal holiday" includes:

(A) a national holiday as defined in Government Code §662.003(a);

(B) a state holiday as defined in Government Code §662.003(b); and

(C) any day declared a holiday by the President or the Governor.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 19, 2018.

TRD-201804969

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: January 6, 2019

For further information, please call: (512) 936-3652


CHAPTER 159. RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT

22 TAC §159.104

The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to 22 TAC §159.104, Primary Contact; Appraiser Contact; Contact Information. The proposed amendments would allow appraisal management companies (AMCs) to designate more than one controlling person. This change is consistent with Chapter 1104, Texas Occupations Code, and would expand the pool of candidates eligible to serve as a member of the AMC Advisory Committee under Chapter 1103, Texas Occupations Code.

Kristen Worman, General Counsel, has determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal implications for the state or units of local government as a result of enforcing or administering the proposed amendments. There is no adverse economic impact anticipated for local or state employment, rural communities, small businesses, or micro businesses as a result of implementing the proposed amendments. There is no significant economic cost anticipated for persons who are required to comply with the proposed amendments. Accordingly, no Economic Impact Statement or Regulatory Flexibility Analysis is required.

Ms. Worman has also determined that for each year of the first five years the proposed amendments and rules are in effect the public benefits anticipated as a result of enforcing the proposed amendments will be consistency with the statute and an expanded pool of candidates eligible to serve as a member of the AMC Advisory Committee.

Growth Impact Statement:

For each year of the first five years the proposed amendments and rules are in effect the amendments and rules will not:

create or eliminate a government program;

require the creation of new employee positions or the elimination of existing employee positions;

require an increase or decrease in future legislative appropriations to the agency;

require an increase or decrease in fees paid to the agency;

create a new regulation;

expand, limit or repeal an existing regulation; and

increase the number of individuals subject to the rule's applicability.

For each year of the first five years the proposed amendments are in effect, there is no anticipated impact on the state's economy as the proposed amendments align this section with the statute and expand the pool of candidates eligible to serve as a member of the AMC Advisory Committee.

Comments on the proposed amendments may be submitted to Kristen Worman, General Counsel, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188 or emailed to: general.counsel@talcb.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code §1104.051, which authorizes TALCB to adopt rules necessary to administer the provisions of Chapter 1104, Texas Occupations Code.

The statute affected by these amendments is Chapter 1104, Texas Occupations Code. No other statute, code or article is affected by the proposed amendments.

§159.104.Primary Contact; Appraiser Contact; Controlling Person; Contact Information.

(a) Contact Information. For purposes of conducting business with the Board and receiving correspondence, service of documents, or notices from the Board, each applicant or license holder must provide the Board with the following contact information for its primary contact and appraiser contact:

(1) mailing address;

(2) phone number; and

(3) email address.

(b) Designation of additional controlling persons.

(1) An applicant or license holder may designate additional controlling persons:

(A) on the applicant's initial license application or renewal form; or

(B) by filing the appropriate form with the Board.

(2) An applicant or license holder must notify the Board within 10 days if a person designated as an additional controlling person ceases to serve in that role.

(c) [(b)] An applicant or license holder must give the Board written notice of any change to the contact information for its primary contact, [or] appraiser contact, or additional controlling persons, if any, within 10 days of the change.

(d) [(c)] If a license holder's primary contact or appraiser contact changes, the license holder must give the Board written notice of the change, including all information required by this section and §1104.103(b)(4) and (6) of the AMC Act, and, if appropriate, documentation that the person is qualified to serve under §1104.104(b) of the AMC Act, within 10 days of the change.

(e) [(d)] A license holder must give the Board written notice within 10 days if its primary contact or appraiser contact ceases to serve in that role and a qualified replacement is not immediately named. If a license holder's primary contact or appraiser contact ceases to serve in that role and the license holder does not give the Board written notice of a replacement, the license holder will be placed on inactive status.

(f) [(e)] A primary contact who assumes that role during the term of the registration must provide the Board written consent to a criminal history background check, as required by §1104.102 of the AMC Act. If the person does not satisfy the Board's moral character requirements, the Board will remove the person from its records and the license holder will be placed on inactive status. Such a decision by the Board may be reviewed and reconsidered by the Commissioner if the license holder submits a written request for reconsideration within 10 days of notice that the person does not qualify to serve as primary contact. The license holder will remain on inactive status while the request for reconsideration is pending.

(g) [(f)] The appraiser contact must hold an active, current license issued by an appraiser regulatory agency within the jurisdiction of the Appraisal Subcommittee.

(h) [(g)] The Board will send all correspondence and serve all required notices and documents by sending such items to the mailing or email address of the applicant's or license holder's primary contact as shown in the Board's records.

(i) [(h)] If an applicant or license holder fails to update the contact information for its primary contact, [or] appraiser contact, or additional controlling persons, if any, the contact information for these individuals is the last known contact information provided to the Board and shown in the Board's records.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 19, 2018.

TRD-201804970

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: January 6, 2019

For further information, please call: (512) 936-3652


PART 9. TEXAS MEDICAL BOARD

CHAPTER 194. MEDICAL RADIOLOGIC TECHNOLOGY

SUBCHAPTER A. CERTIFICATE HOLDERS, NON-CERTIFIED TECHNICIANS, AND OTHER AUTHORIZED INDIVIDUALS OR ENTITIES

22 TAC §§194.6, 194.10, 194.12, 194.13, 194.23

The Texas Medical Board (Board) proposes amendments to Chapter 194, relating to Medical Radiologic Technology, §§194.6, 194.10, 194.12, 194.13, 194.23.

The amendments to §194.6, relating to Procedural Rules and Minimum Eligibility Requirements for Applicants for a Certificate or Placement on the Board's Non-Certified Technician General Registry, make several changes to temporary certification requirements, language related to examinations required for registration as an NCT or general or limited certification, and otherwise are proposed to correct typographical errors and improve the clarity of the rule.

Amendments propose repealing language requiring temporary limited certification in order for an applicant to attempt passage of a limited examination. Amendments add language allowing such applicants to qualify for exam attempts prior to program completion through a simplified application process for obtaining approval. Other related amendments propose to eliminate language providing for temporary limited certification solely upon successful completion of a limited medical radiologic program. These amendments are proposed in order to expedite limited certificate applicants' ability to take the appropriate limited examination, thereby increasing such applicants' ability to pass and obtain full limited certification more quickly. Further, the amendments would result in eliminating an individual's ability to perform limited medical radiologic procedures prior to successful examination passage, increasing public safety. Temporary limited and general certificates and temporary registration as an NCT would remain as an option for those applicants who meet certain requirements.

Amendments propose to add language clarifying that all applicants for certification or registration will be required to pass the Texas jurisprudence examination. Other amendments propose to repeal language requiring that an applicant pass the jurisprudence examination within three attempts. The changes are proposed to align the rules with recent rule amendments repealing jurisprudence exam attempt limits for individuals applying for medical licensure, made pursuant to Senate Bill 674 (85th Legislature, Regular Session). It is the Board's interpretation that SB 674 is intended to eliminate passage attempt limitations for the jurisprudence examination for all applicants applying for licensure under the Texas Medical Board and Advisory Boards' jurisdiction.

The amendments to §194.10, relating to Retired Certificate or NCT General Registration Permit, proposes to repeal language requiring retired certificate holders or NCTs who wish to return to active status to provide professional evaluations from each employment held before his or her certificate or registration permit was placed on retired status.

The amendments to §194.12, relating to Standards for the Approval of Certificate Program Curricula and Instructors, propose to require all limited certificate programs to obtain accreditation by board recognized national or regional accrediting entities in order to obtain board approval. Such amendments will ensure that staff resources are efficiently used, while maintaining the rigorousness of the approval process. Further, all currently approved limited training programs have such accreditation status, meaning that the effect of adopting such amendments will have minimal cost impact on such programs, if any.

The amendments to §194.13, relating to Mandatory Training Programs for Non-Certified Technicians, propose to amend the rules related to requirements for mandatory training programs for non-certified technicians for the purpose of providing clarity on required processes for approval and renewal procedures related to programs and instructors.

The amendments to §194.23, relating to Criminal Backgrounds, propose to amend the rules so that language is added for clarity and consistency.

Scott Freshour, General Counsel for the Board, has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing this proposal will be to improve the efficiency and rigorousness of the board's regulatory program for granting authorization related to the performance of medical radiologic technology procedures and to have clear and consistent rules.

Mr. Freshour has also determined that for the first five-year period the sections are in effect there will be no fiscal impact or effect on government growth as a result of enforcing the sections as proposed.

There will be no effect to individuals required to comply with the rules as proposed. There will be no effect on small or micro businesses or rural communities.

Pursuant to Texas Government Code §2006.002, the agency provides the following economic impact statement for the proposed rule amendments and determined that for each year of the first five years the proposed amendments will be in effect:

(1) there will be no effect on small businesses, micro businesses, or rural communities; and

(2) the agency has considered alternative methods of achieving the purpose of the proposed rule amendments and found none.

Pursuant to Texas Government Code §2001.024(a)(4), Mr. Freshour certifies that this proposal has been reviewed and the agency has determined that for each year of the first five years these rule amendments, as proposed, are in effect:

(1) the additional estimated cost to the state and to local governments expected as a result of enforcing or administering the rule is none;

(2) the estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule is none;

(3) the estimated loss or increase in revenue to the state or to local governments as a result of enforcing or administering the rule is none; and

(4) there are no foreseeable implications relating to cost or revenues of the state or local governments with regard to enforcing or administering the rule.

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed amendments will be in effect, Mr. Freshour has determined the following:

(1) The proposed rules do not create or eliminate a government program.

(2) Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

(3) Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

(4) The proposed rules do not require an increase or decrease in fees paid to the agency.

(5) The proposed rules create new regulations.

(6) The proposed rules expand existing regulations. The proposed rules limit existing regulations.

(7) The proposed rules do not increase or decrease the number of individuals subject to the rules applicability.

(8) The proposed rules do not positively or adversely affect this state's economy.

Comments on the proposal may be submitted to Rita Chapin, P.O. Box 2018, Austin, Texas 78768-2018, or e-mail comments to: rules.development@tmb.state.tx.us. A public hearing will be held at a later date.

The amendments are proposed under the authority of the Texas Occupations Code Annotated, 601.052, which provides authority for the Board to recommend rules to establish licensing and other fees and recommend rules necessary to administer and enforce this chapter. The amendments are further authorized under S.B. 674 (85th Legislature, R.S.).

No other statutes, articles or codes are affected by this proposal.

§194.6.Procedural Rules and Minimum Eligibility Requirements for Applicants for a Certificate or Placement on the Board's Non-Certified Technician General Registry.

(a) - (b) (No change.)

(c) General Requirements.

(1) Except as otherwise required in this section, an applicant for temporary or regular certification as an [a ] MRT or LMRT, or registration as an [a] NCT must:

(A) graduate from high school or its equivalent as determined by the Texas Education Agency;

(B) attain at least 18 years of age;

(C) submit an application on a form prescribed by the board;

(D) pay the required application fee, as set forth under Chapter 175 of this title (relating to Fees and Penalties);

(E) provide a complete and legible set of fingerprints, on a form prescribed by the board, to the board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation;

(F) certify that the applicant is mentally and physically able to perform radiologic procedures;

(G) not have a license, certification, or registration in this state or from any other licensing authority or certifying professional organization that is currently revoked or suspended;

(H) not have proceedings that have been instituted against the applicant for the restriction, cancellation, suspension, or revocation of certificate, license, or authority to perform radiologic procedures in the state, a Canadian province, or the uniformed service of the United States in which it was issued;

(I) not have pending any prosecution against applicant in any state, federal, or international court for any offense that under the laws of this state is a felony, or an offense that is a misdemeanor of moral turpitude;

(J) be of good professional character as defined under §194.2 of this chapter (relating to Definitions);

(K) submit to the board any other information the board considers necessary to evaluate the applicant's qualifications; and

(L) meet any other requirement established by rules adopted by the board.

(2) The board retains the discretion to consider the nature of any final disciplinary action, other than suspension or revocation, when determining whether to issue the certificate or other authorization.

(d) Additional Requirements for Specific Certificate Types or Placement on the Board's Non-Certified Technician General Registry.

(1) General medical radiologic technologist certificate. In addition to meeting requirements under subsection (c) of this section, to qualify for a general certificate, an applicant must pass the jurisprudence examination in accordance with subsection (e) of this section, and meet at least one of the following requirements:

(A) possession of current national certification as a registered technologist, radiographer, radiation therapist, or nuclear medicine technologist by ARRT;

(B) successful completion of the ARRT's examination in radiography, radiation therapy, or nuclear medicine technology;

(C) possession of current national certification as a nuclear medicine technologist by the NMTCB;

(D) successful completion of the NMTCB's examination in nuclear medicine technology; or

(E) current licensure, certification, or registration as a medical radiologic technologist in another state, the District of Columbia, or a territory of the United States whose requirements are more stringent than or are substantially equivalent to the requirements for Texas general certification.

(2) Limited Medical Radiologic Technologist Certificate [Limited medical radiologic technologist certificate]. In addition to meeting requirements under subsection (c) of this section, to qualify for a limited certificate, an applicant must meet at least one of the following requirements:

(A) the successful completion of a limited program [course of study] as set out in §194.12 of this chapter (relating to Standards for the Approval of Certificate Program Curricula and Instructors) and the successful completion of the jurisprudence examination and appropriate limited examination in accordance with subsection (e) of this section;

(B) current licensure, certification, or registration as an LMRT in another state, the District of Columbia, or a territory of the United States of America whose requirements are more stringent than or substantially equivalent to the requirements for Texas limited certification and successful completion of the jurisprudence examination in accordance with subsection (e) of this section; or

(C) current general certification as an MRT issued by the board. The MRT must surrender the general certificate and submit a written request for a limited certificate indicating the limited categories requested.

(3) Temporary General Medical Radiologic Technologist Certificate.

(A) The board may issue a temporary general certificate to an applicant who, in [Temporary general medical radiologic technologist. In] addition to meeting the requirements of subsection (c) of this section: [, to qualify for a temporary general certificate, an applicant must meet at least one of the following requirements:]

(i) [(A)] has successfully completed [successful completion of] a course of study in radiography, radiation therapy, or nuclear medicine technology which is accredited by an agency which is recognized by:

(I) [(i)] the Council for Higher Education Accreditation, including but not limited to: the Joint Committee on Education in Nuclear Medicine Technology (JRCNMT); or

(II) [(ii)] the United States Secretary of Education, including, but not limited to: the Joint Review Committee on Education in Radiologic Technology (JRCERT), Accrediting Bureau of Health Education Schools, or the Southern Association of Colleges and Schools, Commission on Colleges;

(ii) [(B)] is [be] approved by the ARRT as examination eligible;

(iii) [(C)] is [be] approved by the NMTCB as examination eligible;

(iv) [(D)] is [be] currently licensed or otherwise registered as an MRT in another state, the District of Columbia, or a territory of the United States whose requirements are more stringent than or substantially equivalent to the Texas requirements for certification at the time of application to the board; [or]

(v) [(E)] has [have] completed education, training and clinical experience which is substantially equivalent to that of an accredited educational program as listed in clause (i) of this subparagraph [in radiography as listed in subparagraph (A) of this paragraph];

(vi) meets all the qualifications for a general certificate and has signed an agreed order or remedial plan but is waiting for the next scheduled meeting of the board for the agreed order or remedial plan to be approved and the general certificate to be issued; or

(vii) has not on a full-time basis actively practiced as defined under subsection (i) of this section, but meets guidelines set by the board addressing factors that include, but are not limited to, length of time out of active practice and duration of temporary certificates. In order to be determined eligible for a temporary general certificate to remedy active practice issues, the applicant must:

(I) be supervised by a general certificate holder or practitioner (as defined under §194.2 of this chapter) who:

(-a-) holds an active, unrestricted license or certificate in Texas;

(-b-) has not been the subject of a disciplinary order, unless the order was administrative in nature; and

(-c-) is not a relative or family member of the applicant; and

(II) present written verification from the general certificate holder or practitioner that he or she will:

(-a-) provide on-site, continuous supervision of the applicant and provide reports of such supervision to the board according to rules adopted by the board; and

(-b-) retain professional and legal responsibility for the care rendered by the applicant while practicing under the temporary certificate.

(B) A temporary general certificate granted under this paragraph may be valid for not more than one year from the date issued. A temporary general certificate may be revoked at any time the board deems necessary.

(C) An individual who practices after the expiration of the temporary certificate will be considered to be practicing without a certificate and may be subject to disciplinary action.

(4) Temporary Limited Medical Radiologic Technologist Certificate.

(A) The board may issue a temporary limited certificate to an applicant who, in [ Temporary limited medical radiologic technologist. In] addition to meeting requirements under subsection (c) of this section[, to qualify for a temporary limited certificate, an applicant must meet at least one of the following requirements]:

(i) [(A)] has successfully completed [successful completion of] a limited certificate program in the categories of skull, chest, spine, abdomen or extremities, [which is] approved in accordance with §194.12 of this chapter;

[(B) current enrollment in a general certificate program approved in accordance with §194.12 of this chapter and the issuance of a certificate of completion by the program signifying completion of classroom instruction, clinical instruction, evaluations and competency testing in all areas included in the limited curriculum; or

(C) be currently licensed or otherwise registered as an LMRT in another state, the District of Columbia, or a territory of the United States whose requirements are more stringent than or substantially equivalent to the Texas requirements for certification at the time of application to the board.]

(ii) meets all the qualifications for a limited certificate and has signed an agreed order or remedial plan but is waiting for the next scheduled meeting of the board for the agreed order or remedial plan to be approved and the limited certificate to be issued; or

(iii) has not on a full-time basis actively practiced as defined under subsection (i) of this section, but meets guidelines set by the board addressing factors that include, but are not limited to, length of time out of active practice and duration of temporary certificates. In order to be determined eligible for a temporary limited certificate to remedy active practice issues, the applicant must:

(I) be supervised by a general certificate holder or practitioner ("practitioner" is defined under §194.2 of this chapter) who:

(-a-) holds an active, unrestricted license or certificate in Texas;

(-b-) has not been the subject of a disciplinary order, unless the order was administrative in nature; and

(-c-) is not a relative or family member of the applicant; and

(II) present written verification from the general certificate holder or practitioner that he or she will:

(-a-) provide on-site, continuous supervision of the applicant and provide reports of such supervision to the board; and

(-b-) retain professional and legal responsibility for the care rendered by the applicant while practicing under the temporary certificate.

(B) A temporary limited certificate granted based upon successful completion of approved programs under subparagraph (A)(i) of this paragraph may not be valid for more than six months from the date issued, unless the applicant has met all qualifications for the limited certificate, and is on the agenda for the next scheduled meeting of the board for the limited certificate to be issued.

(C) Temporary limited certificates granted for the purpose of remedying active practice deficiencies under subparagraph (A)(iii) of this paragraph may not be valid for more than 12 months from the date of issue.

(D) A temporary limited certificate may be revoked at any time the board deems necessary.

(E) An individual who practices after the expiration of the temporary certificate will be considered to be practicing without a certificate and may be subject to disciplinary action.

(5) Provisional Medical Radiologic Technologist Certificate [Provisional medical radiologic technologist.

(A) - (C) (No change.)

(6) Placement on the Non-Certified Technician General Registry.

(A) Registration Required. In accordance with §601.202 of the Act, a person who intentionally uses radiologic technology, other than a certificate holder, physician assistant, registered nurse, or person performing procedures under the supervision of a dentist, must register with the board prior to performing any procedures. [In accordance with §601.202 of the Act, a person who intentionally uses radiologic technology, other than a certificate holder, person performing procedures under the supervision of a dentist, physician assistant, or registered nurse, must register with the board prior to performing any procedures.]

(B) In addition to meeting the requirements under subsection (c) of this section, to qualify for placement on the board's NCT General Registry, an applicant must successfully complete a training program approved by the board in accordance with §194.13 of this chapter (relating to Mandatory Training Programs for Non-Certified Technicians) and pass the jurisprudence examination in accordance with subsection (e) of this section [or §194.15 of this chapter (relating to Bone Densitometry Training)].

(e) Examinations Required [for Certification].

(1) Jurisprudence examination. An applicant [for a certificate] must pass the jurisprudence examination ("JP exam"), which shall be conducted on the [certification requirements and other] laws, rules, or regulations applicable to the practice of medical radiologic technology [medical radiologic technologist profession] in this state. The JP exam shall be developed and administered as follows:

(A) The staff of the Medical Board shall prepare questions for the JP exam and provide a facility by which applicants can take the examination.

(B) An examinee shall not be permitted to bring books, compends, notes, journals, calculators or other documents or devices into the examination room, nor be allowed to communicate by word or sign with another examinee while the examination is in progress without permission of the presiding examiner, nor be allowed to leave the examination room except when so permitted by the presiding examiner.

(C) Irregularities during an examination, such as giving or obtaining unauthorized information or aid as evidenced by observation or subsequent statistical analysis of answer sheets, shall be sufficient cause to terminate an applicant's participation in an examination, invalidate the applicant's examination results, or take other appropriate action.

(D) Applicants must pass the JP exam with a score of 75 or better [within three attempts].

[(E) An applicant who is unable to pass the JP exam within three attempts must appear before a committee of the board to address the applicant's inability to pass the examination and to re-evaluate the applicant's eligibility for certification. It is at the discretion of the committee to allow an applicant additional attempts to take the JP exam.]

(E) [(F)] A person who has passed the JP exam shall not be required to retake the exam for re-licensure, except as a specific requirement of the board as part of an [agreed] order.

(2) Additional Examinations Required for Certification [Examinations accepted for certification].

[(A) Examination eligibility.

(i) Persons who qualify under subsection (d)(1) of this section are not required to be reexamined for state certification.

(ii) Holders of a temporary general certificate or temporary limited certificate may take the appropriate examination provided the person complies with the requirements of the Act and this chapter.]

(A) [(B)] General Certificate [certificate]. The following examinations are accepted for a general certificate application:

(i) NMTCB examination in nuclear medicine technology; or

(ii) The appropriate ARRT examination in radiography, nuclear medicine technology, or radiation therapy. Determination of the appropriate examination shall be made on the basis of the type of educational program completed by the applicant for a general certificate.

(B) [(C)] Limited Certificate [certificate].

(i) The following examinations are accepted for a limited certificate application: Successful completion of the appropriate examination, including the core knowledge component, as follows:

(I) skull--the ARRT examination for the limited scope of practice in radiography (skull);

(II) chest--the ARRT examination for the limited scope of practice in radiography (chest);

(III) spine--the ARRT examination for the limited scope of practice in radiography (spine);

(IV) extremities--the ARRT examination for the limited scope of practice in radiography (extremities);

(V) chiropractic--the ARRT examinations for the limited scope of practice in radiography (spine and extremities);

(VI) podiatric--the ARRT examination for the limited scope of practice in radiography (podiatry); or

(VII) cardiovascular--the Cardiovascular Credentialing International invasive registry examination.

(ii) Limited Certification Exam Attempt Authorization.

(I) Individuals enrolled or who have completed an approved limited medical radiologic program, as set forth under §194.12 of this chapter, must apply to the board and obtain authorization in order to attempt passage of accepted examination(s) set forth under subparagraph (B) of this paragraph.

(II) In order to obtain authorization to attempt passage of the exam, an individual must provide the following documentation:

(-a-) Evidence of current enrollment in an approved limited program as set forth by §194.12 of this chapter and an attestation stating that the individual has completed the education components necessary for qualifying the individual to pass the appropriate limited scope examination, signed by the program director or registrar; or

(-b-) a copy of a certificate of completion or official transcript showing completion of an approved limited program, as set out in §194.12 of this chapter.

(III) Approval to attempt passage of the limited scope examination is not authorization to perform limited medical radiologic technology procedures. An individual must apply for and be granted a temporary or limited or general certificate prior to performing limited medical radiologic technology procedures or meet an exception to such certification requirements provided for under the Act.

(iii) [(ii)] [Applicants] Individuals approved to sit for the limited certification examination will be allowed three attempts to pass the examination[, ] within one year from the date of the initial authorization granted by the board [issuance of the applicants' temporary limited certificate]. Individuals who fail to pass within the required number of attempts or one-year-period will not [no longer] be eligible for additional attempts, except as provided in clause (iv) of this subparagraph [clause (iii) of this paragraph].

(iv) [(iii)] Notwithstanding clause (iii)[(ii)] of this subparagraph, an [applicant] individual who fails to pass the examination within the required number of attempts or within the one-year-period may obtain approval for one additional attempt, if the individual successfully completes a review course of no less than 60 hours of continuing education in length, offered by an approved limited program under §194.12 of this chapter. The additional attempt must be made no later than one year from the date of the board's approval granted. Those failing to [attempt or] pass the examination within the additional one-year period allowed shall no longer be eligible for additional attempts at passage, and shall only be eligible for state examination attempts for the purpose of state limited certification by again meeting the requirements for approval of exam attempt authorization set forth under clause (ii)(II) of this subparagraph [successfully completing an approved program under §194.12 of this chapter].

(3) Examination schedules. A schedule of examinations indicating the date(s), location(s), fee(s) and application procedures shall be provided by the board or organization administering the examination(s).

(4) Standards of acceptable performance. The scaled score to determine pass or fail performance shall be 75. For the cardiovascular limited certificate, the Cardiovascular Credentialing International examinations (Cardiovascular Science Examination and/or the Invasive Registry Examination as required to obtain the Registered Cardiovascular Invasive Specialist RCIS credential) the scaled score to determine pass or fail performance shall be 70.

(5) Completion of examination application forms. Each applicant shall be responsible for completing and transmitting appropriate examination application forms and paying appropriate examination fees by the deadlines set by the board or organization administering the examinations prescribed by the board.

(6) Examination Results.

(A) Notification to examinees. Results of an examination prescribed by the board but administered under the auspices of another organization will be communicated to the applicant by the board, unless the contract between the board and that organization provides otherwise.

(B) Score release. The applicant is responsible for submitting a signed score release to the examining agency or organization or otherwise arranging to have examination scores forwarded to the board.

(C) Deadlines. The board shall notify each examinee of the examination results within 14 days of the date the board receives the results. If notice of the examination results will be delayed for longer than 90 days after the examination date, the board shall notify the person of the reason for the delay before the 90th day. The board may require a testing service to notify a person of the results of the person's examination.

(7) Refunds. Examination fee refunds will be in accordance with policies and procedures of the board or the organization prescribed by the board to administer an examination. No refunds will be made to examination candidates who fail to appear for an examination.

(f) - (o) (No change.)

§194.10.Retired Certificate or NCT General Registration Permit.

(a) The registration fee shall not apply to retired certificate or NCT general registration permit holders.

(b) To become exempt from the registration fee due to retirement:

(1) the certificate or permit holder's current certificate or permit must not be under an investigation or order with the board or otherwise be restricted; and

(2) the certificate or permit holder must request in writing on a form prescribed by the board for his or her certificate or permit to be placed on official retired status.

(3) The following restrictions shall apply to certificate or permit holders whose certificates or permits are on official retired status:

(A) the certificate or permit holder must not engage in clinical activities requiring a certificate or permit in Texas or any state; and

(B) the certificate or permit holder's certificate or permit may not be endorsed to any other state.

(c) A certificate or permit holder may return to active status by:

(1) applying to the board;

(2) paying an application fee equal to an application fee for a certificate or permit holder;

(3) complying with the requirements for certificate or permit renewal under the Act;

(4) providing current verifications from each state in which the certificate or permit holder holds a license, certificate, permit, or registration, as applicable;

(5) providing current verifications of certification by ARRT or NMTCB, as applicable; and

[(6) submitting professional evaluations from each employment held after the license was placed on inactive status; and]

(6) [(7)] complying with subsection (d) of this section.

(d) Licensure Committee or Executive Director Recommendations.

(1) The request of a certificate or permit holder seeking a return to active status whose certificate or permit has been placed on official retired status for two years or longer shall be submitted to the Licensure Committee of the board for consideration and a recommendation to the full board for approval or denial of the request. After consideration of the request and the recommendation of the Licensure Committee, the Licensure Committee shall make a recommendation to the full board for approval or denial. After consideration of the request and the recommendation of the Licensure Committee, the board shall grant or deny the request. After consideration of the request and the recommendation of the Licensure Committee, the board shall grant or deny the request subject to such conditions which the board determines are necessary to adequately protect the public including, but not limited to the following terms:

(A) completion of specified continuing education hours directly or indirectly related to the disciplines of radiologic technology and offered by an institution accredited by a regional accrediting organization such as SACS, or by JRCERT, JRCNMT, JTCCVT, CCE, ABHES, or ASRT;

(B) current certification by ARRT or NMTCB, as applicable;

(C) limitation and/or exclusion of the practice of the applicant to specified activities of the practice;

(D) remedial education; and

(E) such other remedial or restrictive conditions or requirements which, in the discretion of the board are necessary to ensure protection of the public and minimal competency of the applicant to safely practice.

(2) The request of a certificate or permit holder seeking a return to active status whose certificate has been placed on official retired status for less than two years may be approved by the executive director of the board or submitted by the executive director to the Licensure Committee of the board, for consideration and a recommendation to the full board for approval or denial of the request. In those instances in which the executive director submits the request to the Licensure Committee of the board, the Licensure Committee shall make a recommendation to the full board for approval or denial. After consideration of the request and the recommendation of the Licensure Committee, the board shall grant or deny the request subject to such conditions which the board determines are necessary to adequately protect the public including, but not limited to those options provided in paragraph (1)(A) - (E) of this subsection.

(e) In evaluating a request to return to active status, the Licensure Committee or the full board may require a personal appearance by the certificate or permit holder at the offices of the board, and may also require a physical or mental examination by one or more physicians or other health care providers approved in advance and in writing by the executive director or the Licensure Committee, or other designee(s) determined by majority vote of the board.

(f) A retired certificate or permit holder who has obtained an exemption from the registration fee as provided for under this section, may be subject to disciplinary action under the Act, §601.302, based on unprofessional [or dishonorable] conduct [likely to deceive, defraud, or injure the public] if the certificate holder engages in activities requiring a certificate or permit.

(g) A retired certificate or permit holder who attempts to obtain an exemption from the registration fee under this section by submitting false or misleading statements to the board shall be subject to disciplinary action pursuant to the Act, §601.302, in addition to any civil or criminal actions provided for by state or federal law.

§194.12.Standards for the Approval of Certificate Program Curricula and Instructors.

(a) General certificate programs. All curricula and programs to train individuals to perform radiologic procedures must be accredited by accrediting organizations recognized by:

(1) the Council for Higher Education Accreditation, including but not limited to: the JRCNMT; or

(2) the United States Secretary of Education, including, but not limited to JRCERT, ABHES, or SACS.

(b) Limited Certificate Programs. All programs and curricula training individuals to perform limited radiologic procedures must:

(1) be accredited by JRCERT, ABHES, or SACS to offer a limited curriculum in radiologic technology; or

(2) be accredited by JRCCVT to offer a curriculum in invasive cardiovascular technology. [; or

[(3) be approved by the board under subsections (d) - (g) of this section prior to the program's start date and be offered within the geographic limits of the Texas.]

(c) Application procedures for [limited] certificate programs [accredited by JRCERT, ABHES, SACS, or JRCCVT].

(1) Application shall be made by the program director on official forms available from the board.

(2) The application must be notarized and shall be accompanied by the following items:

(A) the [limited curriculum] application fee, in accordance with Chapter 175 of this title (relating to Fees and Penalties);

(B) a copy of the current accreditation issued to the program by accepted accrediting organizations under subsections (a) - (b) of this section [JRCERT, ABHES, SACS, or JRCCVT]; and

[(C) a description in narrative and/or table format clearly indicating that the applicable content of the limited certificate program curriculum is equal to the general certificate curriculum; and]

(C) [(D)] an agreement to allow the board to conduct an administrative audit of the program to determine compliance with this section.

[(d) Application procedures and eligibility requirements for limited certificate programs not accredited.]

[(1) Documentation Requirements.]

[(A) An application shall be submitted to the board on a form prescribed by the board at least 10 weeks prior to the starting date of the program to be offered by a sponsoring institution. The application must be completed and signed by the program director of the sponsoring institution's program. Program directors shall be responsible for the curriculum, the organization of classes, the maintenance and availability of facilities and records, and all other policies and procedures related to the program or course of study.]

[(B) All official application forms must be notarized and must be accompanied by the application fee in accordance with Chapter 175 of this title.]

[(C) An original copy of the application and supporting documentation must be submitted in one or more three-ring binders, with all pages consecutively numbered and containing legible information. Each application binder must be organized with a table of contents and tabbed sections clearly marked so as to correspond with the required items listed in this section. If any listed item is inapplicable, a tab designated to that section must be included, and must contain at a minimum a statement explaining the inapplicability. All materials provided must contain typewritten information, double-spaced, and clearly legible. All signatures on the official forms and supporting documentation must be originals. Photocopied signatures will not be accepted.]

[(D) Notices will be mailed to applicants informing the applicant of any items lacking.]

[(2) Content of Application. At a minimum, an applicant must provide the following information:]

[(A) the program or course of study's anticipated dates;]

[(B) the program or course of study's daily hours;]

[(C) the program or course of study's location, mailing address, phone, and facsimile numbers;]

[(D) a list of instructors approved by the board, in accordance with subsection (f) of this section, and any other persons responsible for the program's operation, including management and administrative personnel. The list must include specific information as to each instructor's assigned course of instruction, or the area(s) of responsibility for the non-instructional staff;]

[(E) a list of clinical facilities, written agreements on forms prescribed by the board from clinical facilities signed by the program director and the chief executive officer(s) of each facility, and clinical schedules, including the following items identified for each clinical site utilized. A clinical facility which is not listed on the application may not be utilized for a student's clinical practicum until the board has accepted the additional clinical facility in accordance with paragraph (6) of this subsection. The items are:]

[(i) the number and types (name brands and model numbers) of radiologic equipment to be utilized in the limited curriculum;]

[(ii) a copy of the current registration(s) for the radiologic equipment from the Texas Department of State Health Services Radiation Control Program (DSHS);]

[(iii) the number and location(s) of examination rooms available;]

[(iv) whether or not the clinical facility is accredited by the Joint Commission or certified to participate in the federal Medicare program, and if required, is licensed by the appropriate statutory authority. For example, if the facility is an ambulatory surgical center, licensure by DSHS is required;]

[(v) an acknowledgment that students may only perform radiologic procedures under the supervision of a practitioner, a limited medical radiologic technologist (LMRT) employed at the clinical facility or medical radiologic technologist (MRT) employed at the clinical facility;]

[(vi) certificate numbers of the LMRTs or MRTs who will supervise the students at all times while performing radiologic procedures;]

[(vii) an acknowledgment that the students in a limited curriculum program in the categories of skull, chest, spine, abdomen, extremities, chiropractic, or podiatric will not perform procedures utilizing contrast media, mammography, fluoroscopy, tomography, nuclear medicine studies, radiation therapy or other procedures beyond the scope of the limited curriculum; and]

[(viii) an acknowledgment that the students in a limited curriculum program in the cardiovascular category shall not perform mammography, tomography, nuclear medicine studies, radiation therapy or other procedures beyond the scope of the limited curriculum. Such students may only perform radiologic procedures of the cardiovascular system which involve the use of contrast media and fluoroscopic equipment.]

[(F) clearly defined and written policies regarding admissions, costs, refunds, attendance, disciplinary actions, dismissals, re-entrance, and graduation which are provided to all prospective students prior to registration and by which the program director shall administer the program. The admission requirements shall include the minimum eligibility requirements for certification in accordance with §194.6 of this chapter (relating to Procedural Rules and Minimum Eligibility Requirements for Applicants for a Certificate or Placement on the Board's Non-Certified Technician General Registry);]

[(G) the name of the program director who is an approved instructor in accordance with subsection (f) of this section, and who has not less than three years of education or teaching experience in the appropriate field or practice;]

[(H) a letter of acknowledgment and a photocopy of the current Texas license from a practitioner in the appropriate field of practice who is knowledgeable in radiation safety and protection and who shall be known as the designated medical director. The practitioner shall work in consultation with the program director in developing goals and objectives and in implementing and assuring the quality of the program;]

[(I) a letter or other documentation from the Texas Workforce Commission, Proprietary Schools Section, indicating that the proposed training program has complied with or has been granted exempt status under the Texas Proprietary School Act, Texas Education Code, Chapter 32, or verification of accreditation by the Texas Higher Education Coordinating Board; and]

[(J) the correct number of students to be enrolled in each cycle of the program, and if more than one cycle will be conducted concurrently, the maximum number of students to be enrolled at any one time.]

[(3) All applications must identify the type of curriculum according to the limited categories in accordance with §194.6 of this chapter. Each application must be accompanied by an outline of the curriculum and course content which clearly indicates that students must complete a structured curriculum in proper sequence according to subsection (e) of this section. If the curriculum differs from that set out in subsection (e) of this section, a typed comparison in table format clearly indicating how the curriculum differs from the required curriculum, including the number of hours for each topic or unit of instruction, shall be included.]

[(4) In making application to the board, the program director shall agree in writing to:]

[(A) provide a ratio of not more than three students to one full-time certified medical radiologic technologist engaged in the supervision of the students in the clinical environment;]

[(B) provide on-site instruction and direction by a practitioner for students when performing radiologic procedures on human beings;]

[(C) prohibit students from being assigned to any situation where they would be required to apply radiation to a human being while not under the on-site instruction or direction of a practitioner;]

[(D) prohibit intentional exposure to human beings from any source of radiation except for medically prescribed diagnostic purposes;]

[(E) provide appropriate facilities, sufficient volume of procedures, and a variety of diagnostic radiologic procedures to properly conduct the course. Facilities, agencies, or organizations utilized in the program shall be accredited or certified and licensed by the appropriate agencies. Equipment and radioactive materials utilized in the program shall be used only in facilities registered or licensed by the DSHS's Radiation Control Program;]

[(F) keep an accurate record of each student's attendance and participation, evaluation instruments and grades, clinical experience including radiation exposure history, and subjects completed for not less than five years from the last date of the student's attendance. Such records shall be made available to examining boards, regulatory agencies, and other appropriate organizations, if requested;]

[(G) issue to each student, upon successful completion of the program, a written statement in the form of a diploma or certificate of completion, which shall include the program's name, the student's name, the date the program began, the date of completion, the categories of instruction, and the signatures of the program director or independent sponsor and medical director/program advisor;]

[(H) site inspections by board representatives to determine compliance and conformity with the provision of this section will be at the discretion of the board;]

[(I) understand and recognize that the graduates' success rate on the prescribed examination will be monitored by the board and utilized as a measure for rescinding approval. In addition to this criteria, the board may rescind approval in accordance with §194.22 of this chapter (relating to Grounds for Denial of Certificate, Registration, or Other Approval, and for Disciplinary Actions); and]

[(J) comply with the Texas Regulations for the Control of Radiation, including but not limited to, personnel monitoring devices for each student upon the commencement of the clinical instruction and clinical experience.]

[(5) A site visit may be necessary to grant approval of the program. If a site visit is required, a site visit fee must be paid in accordance with Chapter 175 of this title.]

[(6) Following program approval, one or more written requests for amendment(s) shall be submitted to and approved by the board in advance of taking the anticipated action. The request to add or drop an instructor, clinical site, category of instruction, program director or other change, shall be accompanied by the limited curriculum program amendment application and fee in accordance with Chapter 175 of this title.]

[(e) Program Curricula Requirements. Each student must complete a curriculum which meets or exceeds the following requirements:]

[(1) at least 132 clock hours of basic theory or classroom instruction in the categories of skull, chest, extremities, spine, and chiropractic practice, and not less than 66 clock hours of basic theory instruction for podiatry is required. The required clock hours of basic theory/classroom instruction need not be repeated if two or more categories of curricula are completed simultaneously or to add a category to a temporary limited or limited certificate. Pediatric instruction shall be included in the hours of training. The following subject areas and minimum number of hours must be included in all programs and instructor directed. The subject areas and minimum clock hours for each shall be:]

[(A) radiation protection for the patient, self, and others--40;]

[(B) radiographic equipment, including safety standards, operation, and maintenance--15;]

[(C) image production and evaluation--35;]

[(D) applied human anatomy and radiologic procedures--20;]

[(E) patient care and management essential to radiologic procedures and recognition of emergency patient conditions and initiation of first aid--10;]

[(F) medical terminology--6; and]

[(G) medical ethics and law--6; and]

[(2) a clinical practicum for each category of limited curriculum including pediatrics is required. The practicum must include clinical instruction and clinical experience under the instruction or direction of a practitioner and an MRT or LMRT in accordance with the following chart.]

[Figure: 22 TAC §194.12(e)(2)]

[(A) The clinical instruction must be concurrent with the classroom instruction, as set out in paragraph (1) of this subsection.]

[(B) The clinical experience must commence immediately following the clinical instruction and be completed within 180 calendar days of the starting date of the clinical experience. Variances from this must be for good cause and approved in advance by the board. A request for a variance must be submitted in writing to the board. For the purposes of this section, a pregnancy or other medical disability shall constitute good cause.]

[(C) For the skull category, the 100 hours of clinical experience must include a minimum of four independently performed procedures, with at least one of the four procedures being of the mandible, and the remaining three including the skull (posterior/anterior, anterior/posterior, lateral and occipital), paranasal sinuses, and facial bones. The mandible procedure may be completed by simulation with 90% accuracy. Only one student shall receive credit for any one radiologic procedure performed.]

[(D) The program director shall be responsible for supervising and directing the evaluation of the students' clinical experience and shall certify in writing that the students have or have not successfully completed the required clinical instruction and clinical experience. Such written documentation must be provided to each student within 14 working days of completion of the clinical experience. Persons who participate in the evaluation of students' clinical experience must be an MRT or LMRT and have a minimum of two years of practical work experience performing radiologic procedures. For cardiovascular programs, person(s) who make the final evaluation of students' clinical experience must be MRT(s) or LMRT(s) and have a minimum of two years of practical work experience performing cardiovascular procedures.]

[(E) A limited medical radiologic technologist may not teach, train, or provide clinical instruction in a program or course of study different from the technologist's current level of certification. An LMRT who holds a limited certificate in spine radiography may not teach, train, or provide clinical instruction in a limited course of study for chest radiography.]

[(f) Application procedures and eligibility requirements for instructors in limited certificate programs.]

[(1) Except as otherwise provided, all persons who will provide instruction and training in the limited certificate courses of study or programs must obtain approval by the board prior to initiating instruction or training.]

[(2) To obtain board approval, all instructor(s) must at a minimum:]

[(A) submit an application on a form prescribed by the board;]

[(B) pay the required application fee, as set forth under Chapter 175 of this title;]

[(C) successfully complete an education program in accordance with this section and not less than six months classroom or clinical experience teaching the subjects assigned;]

[(D) meet and maintain standards required by a sponsoring institution, if any;]

[(E) have at least one or more of the following qualifications:]

[(i) be a currently certified MRT who is also currently credentialed as a radiographer by the American Registry of Radiologic Technologists (ARRT);]

[(ii) be a currently certified LMRT (excluding a temporary certificate) whose limited certificate category(ies) matches the category(ies) of instruction and training;]

[(iii) be a practitioner who is in good standing with all appropriate regulatory agencies including, but not limited to, DSHS, the Texas Board of Chiropractic Examiners, Texas Medical Board, Texas State Board of Podiatric Medical Examiners, the Texas Health and Human Services Commission, and the United States Department of Health and Human Services; or]

[(iv) be a currently licensed medical physicist; and]

[(F) submit to the board any other information the board considers necessary to evaluate the applicant's qualifications.]

[(3) Documentation Requirements. The applicant must submit satisfactory documentation of the above minimum requirements, as required by the board.]

(d) [(g)] Procedure for Approval or Denial. [Limited certificate educational program and instructor process approval or denial. The process for approval or denial of applications for program approval are subject to the procedures outlined in §194.6(g) of this chapter.]

(1) Review by the Executive Director.

(A) The executive director or designee shall review applications for approval and may determine whether an applying program is eligible for approval, or refer an application to the Education Committee of the board for review.

(B) If the executive director or designee determines that the applying program clearly meets all approval requirements, the executive director or designee may approve the applicant, to be effective on the date issued without formal board approval.

(C) If the executive director determines that the applying program does not clearly meet all approval requirements prescribed by the Act and this chapter, approval may be issued only upon action by the board following a recommendation by the Education Committee. The Education Committee may recommend to grant or deny the approval request.

(2) Reconsideration of Denials.

(A) Determinations to deny approval of a program may be reconsidered by the Education Committee or the board based on additional information concerning the applying program and upon a showing of good cause for reconsideration.

(B) A decision to reconsider a denial determination shall be a discretionary decision by the Education Committee, based on consideration of the additional information. Requests for reconsideration shall be made in writing by the applying program director.

(e) Grounds for Denial or Withdrawal of Approval.

(1) Failure of the applying or approved training program to comply with the provisions of this chapter or the Act may be grounds for denial or withdrawal of the approval of the training program.

(2) In the event that the board receives complaints against an approved program, such information shall be referred to the board's investigation department.

(3) Any material misrepresentation of fact by an approved or applying program in any information required to be submitted to the board is grounds for denial or withdrawal of approval.

(4) The board may deny or withdraw its approval of a program after giving the program written notice setting forth its reasons for denial or withdrawal and after giving the program a reasonable opportunity to be heard by the Education Committee of the board.

(f) Renewal.

(1) The training program director shall be responsible for applying for renewal of the training program's approval. The program director must apply for renewal every three years by submitting the required form and documents and by paying the required renewal fee to the board on or before the expiration date of the approval.

(2) Failure to submit the renewal form and renewal fee will result in the expiration of the training program's approval. In the case that the approval is expired, to obtain a new approval, the training program must reapply meet all requirements for approval under this section.

(3) A training program which fails to apply for renewal or otherwise holds an expired approval shall cease representing the program as an approved training program. The program director shall notify currently enrolled students that the training program is no longer approved under this section. The notification shall be in writing and must be issued within ten days of the expiration of the approval.

(g) Required Reports to the Board. The program director shall report the following to the board within 30 days after the event:

(1) Any change of address for the physical location of the program; or

(2) any change in accreditation status by an acceptable accrediting organization under subsections (a) - (b) of this section.

§194.13.Mandatory Training Programs for Non-Certified Technicians.

(a) General. This section sets out the minimum standards for board approval of mandatory non-certified technician training programs, as required by the Act, §601.201, which are intended to train individuals to perform radiologic procedures which have not been identified as dangerous or hazardous. Non-certified technicians are distinct from individuals performing a radiologic procedure under hardship exemption granted under §194.16 of this chapter (relating to Hardship Exemptions)[Individuals who complete an approved training program may not use that training toward the educational requirements for a general or limited certificate. Before a person performs a radiologic procedure, the person must complete all the hours in subsection (d)(2)(A) - (C) of this section, and at least one unit in subsection (d)(3)(A) - (G) of this section].

[(b) Instructor Direction Required. All hours of the training program completed for the purposes of this section must be live and interactive and directed by an approved instructor. No credit will be given for training completed by self-directed study or correspondence.]

[(c) Instructor Qualifications.]

[(1) An instructor(s) shall have education in accordance with §194.12 of this chapter (relating to Standards for the Approval of Certificate Program Curricula and Instructors), not less than six months classroom or clinical experience teaching the subjects assigned, meet the standards required by a sponsoring institution, if any, and meet at least one or more of the following qualifications:]

[(A) be a currently certified MRT who is also currently credentialed as a radiographer by the American Registry of Radiologic Technologists;]

[(B) be a currently certified LMRT (excluding a temporary certificate) whose limited certificate category(ies) matches the category(ies) of instruction and training; or]

[(C) be a practitioner who is in good standing with all appropriate regulatory agencies. including, but not limited to, DSHS, the Texas Board of Chiropractic Examiners, Texas Medical Board, or Texas State Board of Podiatric Medical Examiners, the Texas Health and Human Services Commission, the United States Department of Health and Human Services.]

[(2) An LMRT may not teach, train, or provide clinical instruction in a portion of a training program that is different from the LMRT's level of certification. An LMRT holding a limited certificate in the chest and extremities categories may not participate in the portion of a training program relating to radiologic procedures of the spine. The LMRT may participate in the portions of the training program which are of a general nature and those specific to the specific categories on the limited certificate.]

(b) [(d)] Training Requirements [requirements]. In order to successfully complete a program, each student must complete the following minimum training:

[(1) prerequisites recommended for admission include high school graduation or general equivalency diploma; certified medical assistant; graduation from a medical assistant program; or six months' full time patient care experience under the supervision of a practitioner.]

(1) [(2)] courses which are fundamental to diagnostic radiologic procedures:

(A) radiation safety and protection for the patient, self and others--22 classroom hours;

(B) image production and evaluation--24 classroom hours; and

(C) radiographic equipment maintenance and operation--16 classroom hours which includes at least 6 hours of quality control, darkroom, processing, and Texas Regulations for Control of Radiation; and

(2) [(3)] one or more of the following units of applied human anatomy and radiologic procedures of the:

(A) skull (5 views: Caldwell, Townes, Waters, AP/PA, and lateral)--10 classroom hours;

(B) chest--8 classroom hours;

(C) spine--8 classroom hours;

(D) abdomen, not including any procedures utilizing contrast media--4 classroom hours;

(E) upper extremities--14 classroom hours;

(F) lower extremities--14 classroom hours; and/or

(G) podiatric--5 classroom hours.

(3) Live, In-Person Instructor Direction Required. All hours of the training program completed for the purposes of this section must be live, in-person, and directed by an approved instructor. No credit will be given for training completed by self-directed study, remote learning, or correspondence.

(c) [(e)] Application Procedures and Eligibility Requirements for Training Programs [Application procedures for training programs]. An application shall be submitted to the board at least 30 days prior to the starting date of the training program. [Official application forms are available from the board and must be completed and signed by an approved instructor, who shall be designated as the training program director. The training program director shall be responsible for the curriculum, the instructors, and determining whether students have successfully completed the training program.]

(1) Application shall be made by the program director on official forms available from the board.

[(1) Official application forms must be executed in the presence of a notary public and shall be accompanied by the application fee in accordance with Chapter 175 of this title (relating to Fees and Penalties). Photocopied signatures will not be accepted.]

(2) The application must be notarized and shall be accompanied by the following items:

(A) the application fee, in accordance with Chapter 175 of this title (relating to Fees and Penalties); and

(B) an agreement to allow the board to conduct an administrative audit of the program to determine compliance with this section.

[(2) Application forms and fees shall be mailed to the address indicated on the application materials. The board is not responsible for lost, misdirected, or undeliverable application forms. An application received without the application fee will be returned to the applicant.]

(d) [(f)] Training Program Application Materials [Application materials]. The application shall include, at a minimum:

(1) the beginning date and the anticipated length of the training program;

(2) the number of programs which will be conducted concurrently and whether programs will be conducted consecutively;

(3) the number of students anticipated in each program;

(4) the daily hours of operation;

(5) the location, mailing address, phone and facsimile numbers of the program;

(6) the name of the training program director;

(7) a list of the names of the approved instructors and the topics each will teach[, and a list of management and administrative personnel and any practitioners who will participate in conducting the program];

(8) clearly defined and written policies regarding the criteria for admission, discharge, readmission and completion of the program;

(9) evidence of a structured pre-planned learning experience with specific outcomes;

(10) a letter or other documentation from the Texas Workforce Commission, Career Schools and Colleges [Proprietary Schools] Section indicating that the proposed training program has complied with or has been granted exempt status under [the Texas Proprietary School Act,] Texas Education Code, Chapter 132. If approval has been granted by the Texas Higher Education Coordinating Board, a letter or other documentation is not necessary; and

(11) specific written agreements to:

(A) provide the training as set out in subsection (b) [(d)] of this section and provide not more than 75 students per instructor in the classroom;

(B) advise students that they are prohibited from performing radiologic procedures which have been identified as dangerous or hazardous in accordance with §194.17 of this chapter (relating to Dangerous or Hazardous Procedures) unless they become an LMRT, MRT or a practitioner;

(C) use written and oral examinations to periodically measure student progress;

(D) keep an accurate record of each student's attendance and participation in the program, accurate evaluation instruments and grades for not less than five years. Such records shall be made available upon request by the board or any governmental agency having authority;

(E) issue to each student who successfully completes the program a certificate or written statement including the name of the student, name of the program, dates of attendance and the types of radiologic procedures covered in the program completed by the student;

(F) retain an accurate copy for not less than five years and submit an accurate copy of the document described in subparagraph (E) of this paragraph to the board within 30 days of the issuance of the document to the student; and

(G) permit site inspections by employees or representatives of the board to determine compliance with this section.

(e) Application Procedures and Eligibility Requirements for Instructors.

(1) Except as otherwise provided, all persons who will provide instruction and training in an approved program under this section must obtain approval by the board prior to initiating instruction or training.

(2) To obtain board approval, all individual(s) must at a minimum:

(A) submit an application on a form prescribed by the board;

(B) pay the required application fee, as set forth under Chapter 175 of this title;

(C) successfully complete an education program in accordance with §194.12 of this chapter and not less than six months classroom or clinical experience teaching the subjects assigned;

(D) have at least one or more of the following qualifications:

(i) be a currently certified MRT who is also currently credentialed as a radiographer by the American Registry of Radiologic Technologists (ARRT);

(ii) be a currently certified LMRT (excluding a temporary certificate) whose limited certificate category(ies) matches the category(ies) of instruction and training;

(iii) be a practitioner who is in good standing with all appropriate regulatory agencies, and is not the subject of any disciplinary order; and

(E) submit to the board any other information the board considers necessary to evaluate the applicant's qualifications.

(f) Procedure for Approval or Denial.

(1) Review by the Executive Director.

(A) The executive director or designee shall review applications for approval and may determine whether an applying program or instructor is eligible for approval, or refer an application to the Education Committee of the board for review.

(B) If the executive director or designee determines that the applying program or instructor clearly meets all approval requirements, the executive director or designee may approve the applicant, to be effective on the date issued without formal board approval.

(C) If the executive director determines that the applying program or instructor does not clearly meet all approval requirements prescribed by the Act and this chapter, approval may be issued only upon action by the board following a recommendation by the Education Committee. The Education Committee may recommend to grant or deny the approval request.

(2) Reconsideration of Denials.

(A) Determinations to deny approval of a program or instructor may be reconsidered by the Education Committee or the board based on additional information concerning the applying program or instructor and upon a showing of good cause for reconsideration.

(B) A decision to reconsider a denial determination shall be a discretionary decision by the Education Committee, based on consideration of the additional information. Requests for reconsideration shall be made in writing by the applying program director or instructor.

[(g) The process for approval or denial. The process for approval or denial of applications for program approval are subject to the procedures outlined in §194.6(g) of this chapter (relating to Procedural Rules and Minimum Eligibility Requirements for Applicants for a Certificate or Placement on the Board's Non-Certified Technician General Registry).]

(g) [(h)] Renewal.

(1) Training Program.

(A) The training program director shall be responsible for renewing the approval of the training program [ on or before the anniversary date of the initial application].

(B) The program director must apply for renewal of program approval every three years by submitting the required form and documents and by paying the required renewal fee to the board on or before the expiration date of the approval.

(C) [(2)] Failure to submit the renewal form and renewal fee will result in the expiration of the training program's approval. In the case that the approval is expired, to obtain a new approval, the training program must reapply and meet all requirements for approval under this section.

(D) [(3)] A training program which does not renew the approval shall cease representing the program as an approved training program. The program director shall notify currently enrolled students that the training program is no longer approved under this section. The notification shall be in writing and must be issued within ten days of the expiration of the approval.

(2) Instructor.

(A) The instructor must apply for renewal of approval every three years by submitting the required form and documents and by paying the required renewal fee to the board on or before the expiration date of the approval.

(B) Failure to submit the renewal form and renewal fee will result in the expiration of the instructor's approval. In the case that the approval is expired, to obtain a new approval, the instructor must reapply meet all requirements for approval under this section.

(C) The instructor who does not renew the approval shall cease representing that he or she is approved by the board to provide instruction in a non-certified technician training program in Texas.

(h) Grounds for Denial or Withdrawal of Approval.

(1) Failure of the applying or approved instructor or training program to comply with the provisions of this chapter or the Act may be grounds for denial or withdrawal of the approval of the instructor or the training program.

(2) An approved instructor who holds a limited certificate may not teach, train, or provide clinical instruction in a portion of a training program that is different from the limited scope of certification that is listed on the permit. Providing instruction that exceeds the instructor's limited scope of practice is grounds for denial or withdrawal of approval.

(3) In the event that the board receives complaints against an approved instructor or program, such information shall be referred to the board's investigation department.

(4) Any material misrepresentation of fact by a program or instructor in any information required to be submitted to the board is grounds for denial or withdrawal of approval.

(5) The board may deny or withdraw its approval of a program or instructor after giving the program or instructor written notice setting forth its reasons for denial or withdrawal and after giving the program or instructor a reasonable opportunity to be heard by the Education Committee of the board.

(i) Change of Program Address. The program director shall report within 30 days after the event any change of address for the physical location of the program.

§194.23.Criminal Backgrounds.

This section sets out the guidelines and criteria related to the board's authority to deny certification, registration, or other approval, or to take disciplinary action based upon a person's criminal background.

(1) The board may suspend or revoke any certificate, registration, or other approval, disqualify a person from receiving any certificate, registration, or other approval, or deny to a person the opportunity to be examined for a certificate if the person is convicted of or subject to a deferred adjudication, enters a plea of nolo contendere or guilty to a felony or misdemeanor, and if the crime directly relates to the duties and responsibilities of a certificate, registration, or permit holder.

(2) In considering whether a pleading of nolo contendere or a criminal conviction directly relates to the occupation of a [certificate ] holder of a certificate, registration, or other approval, the board shall consider:

(A) the nature and seriousness of the crime;

(B) the relationship of the crime to the purposes for certification, registration, or other approval; and

(C) the extent to which a certification, registration, or other approval might offer an opportunity to engage in further criminal activity of the same type as that which the person previously has been involved.

(3) The following felonies and misdemeanors apply to any certificate, registration, or other approval because these criminal offenses indicate an inability or a tendency to be unable to perform as a [certificate] holder of a certificate, registration, or other approval:

(A) the misdemeanor of knowingly or intentionally acting as a certificate holder without a certificate under the Act;

(B) any misdemeanor and/or felony offense defined as a crime of moral turpitude by statute or common law;

(C) a misdemeanor or felony offense involving:

(i) forgery;

(ii) tampering with a governmental record;

(iii) delivery, possession, manufacturing, or use of controlled substances and dangerous drugs;

(D) a misdemeanor or felony offense under various titles of the Texas Penal Code:

(i) Title 5 concerning offenses against the person;

(ii) Title 7 concerning offenses against property;

(iii) Title 9 concerning offenses against public order and decency;

(iv) Title 10 concerning offenses against public health, safety, and morals; and

(v) Title 4 concerning offenses of attempting or conspiring to commit any of the offenses in this section. [subsection;]

(4) The misdemeanors and felonies listed in paragraph (3) of this section are not exclusive. The Board may consider other particular crimes in special cases in order to promote the intent of the Act and these sections.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 16, 2018.

TRD-201804965

Scott Freshour

General Counsel

Texas Medical Board

Earliest possible date of adoption: January 6, 2019

For further information, please call: (512) 305-7016


PART 23. TEXAS REAL ESTATE COMMISSION

CHAPTER 535. GENERAL PROVISIONS

SUBCHAPTER R. REAL ESTATE INSPECTORS

22 TAC §§535.208, 535.212, 535.213, 535.218 - 535.220

The Texas Real Estate Commission (TREC) proposes amendments to 22 TAC §535.208, Application for a License, §535.212, Education and Experience Requirements for a License, §535.213, Qualifying Real Estate Inspector Instructors and Courses, §535.218, Continuing Education Required for Renewal, §535.219, Schedule of Administrative Penalties, and §535.220, Professional Conduct and Ethics, in Chapter 535, General Provisions.

The proposed amendments to §535.208, Application for a License, updates an incorrect cite; amendments to §535.212, Education and Experience Requirements for a License, and §535.213, Qualifying Real Estate Inspector Instructors and Courses, reorganizes and clarifies the qualifying education, continuing education, and experience requirements for inspectors, including decreasing the ride-along class size from 10 to 2; and removes unused provisions. The proposed amendments to §535.218, Continuing Education Required for Renewal, allows inspectors to receive continuing education credit for courses applicable to inspectors that are taken to satisfy continuing education requirements for an occupational license issued by another Texas governmental body. The proposed amendments to §535.219, Schedule of Administrative Penalties, adds a statutory violation that was inadvertently omitted; and in §535.220, Professional Conduct and Ethics, ties the section back to the parallel requirements of §531.18, which was recently updated to provide more flexibility for license holders. These proposed amendments are recommended by the Texas Real Estate Inspector Committee.

Kerri Lewis, General Counsel, has determined that for the first five-year period the proposed amendments are in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the sections. There is no adverse economic effect anticipated for small businesses, micro-businesses, rural communities, or local or state employment as a result of implementing the proposed amendments. There will be some economic cost anticipated for persons who are required to comply with the proposed amendments, but it is hard to quantify since opinions vary in the industry. Lowering the number of students per class will likely raise the cost of the ride-along class some. This cost could be passed on to the students. The Texas Inspector Real Estate Committee opined that this cost would not be significant enough to outweigh the benefit to the student and ultimately the consumer when the student receives more individualized learning during the 40 hours of required ride-along classes. No Economic Impact Statement or Regulatory Flexibility Analysis was performed.

Ms. Lewis also has determined that for each year of the first five years the amendments as proposed are in effect the public benefits anticipated as a result of enforcing the sections will be clear and correct rules, additional options for inspectors to satisfy continuing education requirements, and improved hands-on training for inspector students. This will lead to greater competency and, therefore, greater consumer protection.

For each year of the first five years the proposed amendments are in effect the amendments will not:

- create or eliminate a government program;

- require the creation of new employee positions or the elimination of existing employee positions;

- require an increase or decrease in future legislative appropriations to the agency;

- require an increase or decrease in fees paid to the agency;

- create a new regulation;

- expand an existing regulation;

- increase or decrease the number of individuals subject to the rule's applicability; or

- adversely affect the state's economy.

Comments on the proposal may be submitted to Kerri Lewis, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188 or via email to general.counsel@trec.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102.

The statute affected by this proposal is Chapter 1102, Texas Occupations Code. No other statute, code or article is affected by the proposed amendments.

§535.208.Application for a License.

(a) - (g) (No change.)

(h) Denial of application.

(1) An application for a license may be denied if the Commission determines that the applicant has failed to satisfy the Commission as to the applicant's honesty, trustworthiness and integrity or if the applicant has been convicted of a criminal offense which is grounds for disapproval of an application under §541.1 of this title. Notice of the denial and any hearing on the denial shall be as provided in Texas Occupations Code, §1101.364, and §535.34 [§533.34] of this title.

(2) Procuring or attempting to procure a license by fraud, misrepresentation or deceit or by making a material misstatement of fact in an application is grounds to deny the application or suspend or revoke the license. It is a violation of this section for a sponsoring professional inspector knowingly to make a false statement to the Commission in an application for a license for an apprentice or a real estate inspector.

§535.212.Education and Experience Requirements for a License.

(a) Educational Requirements for a Real Estate Inspector License. To become licensed as a real estate inspector [or professional inspector,] a person must satisfy [:]

[(1) the education and experience requirements outlined in §1102.108 and §1102.109 of Chapter 1102; or]

[(2) the education requirements outlined in §1102.108 and §1102.109 of Chapter 1102 and the substitute experience requirements established by the Commission pursuant to §1102.111 in subsection (f) or (g) of this section.]

[(b)] [A person may satisfy] the 90-hour education requirement for licensure [as a real estate inspector pursuant to subsection (a)(1) or (2) of this section] by completing the following coursework:

(1) 10 hours in foundations;

(2) 8 hours in framing;

(3) 10 hours in building enclosure;

(4) 10 hours in roof systems;

(5) 8 hours in plumbing systems;

(6) 10 hours in electrical systems;

(7) 10 hours in heating, ventilation, and air conditioning systems;

(8) 8 hours in appliances;

(9) 4 hours in Texas Standards of Practice;

(10) 4 hours in Texas Standard Report Form/Report Writing; and

(11) 8 hours in Texas Legal/Ethics.

(b) [(c)]Educational Requirements for a Professional Inspector License. To become licensed as a professional inspector, a person must [A person may] satisfy the 130-hour education requirement for licensure [as a professional inspector pursuant to subsection (a)(1) or (2) of this section] by completing [the following coursework:]

[(1)] the courses required for licensure as a real estate inspector in subsection (a) [(b)] of this section; and

(1) [(2)] 8 additional hours in Texas Standard Report Form/Report Writing;

(2) [(3)] 8 additional hours in non-elective coursework in legal, ethics, SOPs, and report writing as defined in §535.218 of this title; and

(3) [(4)] 24 additional hours in any qualifying [core] inspection subject(s).

(c) Experience Requirements.

(1) [(d)] To meet the experience requirements for licensure [For the purpose of measuring the number of inspections required to receive a license] or to sponsor apprentice inspectors or real estate inspectors, the Commission considers an improvement to real property to be any unit capable of being separately rented, leased or sold, subject to the following restrictions:

(A) [(1)] An inspection of an improvement to real property that includes the structural and equipment/systems of the unit constitutes a single inspection.

[(2) Half credit will be given for an inspection limited to structural components only or to equipment/systems only.]

[(3) No more than 80% of the inspections for which experience credit is given may be limited to structural components only or to equipment/systems components only.]

[(4)] [A report addressing two or more improvements is considered a single inspection.]

(B) [(5)] The Commission may not give experience credit to the same applicant or professional inspector for more than three [complete or six partial] inspections per day. No more than three applicants may receive credit for the inspection of the same unit within a 30 day period, and no more than three apprentice inspectors may receive credit for an inspection of the same unit on the same day.

(C) [(e)] [ For the purpose of satisfying any requirement that an applicant hold a license for a period of time in order to be eligible for a license as a real estate inspector or professional inspector, the Commission shall not give credit for periods in which a license was on inactive status.] An applicant for a real estate inspector license must have:

(i) been licensed as an apprentice inspector on active status for a total of at least three months within the 12 month period before [prior to] the filing of the application; and[.]

(ii) completed 25 inspections.

(D) An applicant for a professional inspector license must have:

(i) been licensed as a real estate inspector on active status for a total of at least 12 months within the 24 month period before [prior to] the filing of the application; and[.]

(ii) completed 175 inspections.

(d) Substitute Experience Requirements for a Real Estate Inspector License.

(1) [(f)] A person may satisfy the substitute experience requirements for licensure as a real estate inspector [pursuant to subsection (a)(2) of this section] as follows:

[(1)] [A person who does not have two years of experience as an architect, engineer, or engineer-in-training must:]

(A) complete a total of 32 additional hours of qualifying [core] inspection coursework, which must include the following:

(i) 8 hours in Texas Standard Report Form/Report Writing;

(ii) 8 hours in non-elective coursework in legal, ethics, SOPs, and report writing as defined in §535.218 of this title;

(iii) 16 hours in any qualifying [core] inspection subject(s); and

(B) complete [either]:

(i) [complete] 20 hours of field work through ride-along inspection course sessions as defined in §535.213(g) [§535.218] of this title; [, except there may be up to 10 students per session] and

(ii) 12 hours of an approved interactive experience training module.[;]

[(ii) complete 8 hours of field work through ride along inspection course sessions as defined in §535.218 of this title, except there may be up to 10 students per session and 30 hours of an approved interactive experience training module; or]

(2) Exceptions. The Commission may award substitute experience credit to an applicant who has not met the additional qualifying course requirements under this subsection if:

(A) the applicant:

(i) [(iii)] has [have ] three years of experience in a field directly related to home inspection, including but not limited to installing, servicing, repairing or maintaining the structural, mechanical and electrical systems found in improvements to real property; and

(ii) provides to the Commission [provide] two affidavits from persons who have personal knowledge of the applicant's work, detailing the time and nature of the applicant's relevant experience; or[.]

(B) [(2)] The applicant:

(i) [A person who] has at least two years of experience as an active practicing licensed or registered architect, professional engineer, or engineer-in-training and has completed [must (A) complete a total of] 16 additional hours of qualifying [core] inspection coursework, which must include the following:

(I) [(i)] 8 hours in Texas Standard Report Form/Report Writing; and

(II) [(ii)] 8 hours in non-elective coursework in legal, ethics, SOPs, and report writing as defined in §535.218 of this title; and

(ii) [(B)] submits [submit] a license history from the regulatory agency that issued the license or registration documenting the period of practice as a licensed or registered architect, professional engineer, or engineer-in-training.

(e) Substitute Experience Requirements for a Professional Inspector License.

(1) [(g)] A person may satisfy the substitute experience requirements for licensure as a professional inspector [pursuant to subsection (a)(2) of this section] as follows:

[(1) [A person who does not have three years of experience as an architect, engineer, or engineer-in-training must:]

(A) complete a total of 200 additional hours of qualifying [core] inspection coursework, which must include the following:

(i) 30 hours in foundations;

(ii) 30 hours in framing;

(iii) 24 hours in building enclosure;

(iv) 24 hours in roof systems;

(v) 16 hours in plumbing systems;

(vi) 24 hours in electrical systems;

(vii) 24 hours in heating, ventilation, and air conditioning systems;

(viii) 6 hours in appliances;

(ix) 8 hours in non-elective coursework in legal, ethics, SOPs, and report writing as defined in §535.218 of this title;

(x) 8 hours in Standard Report Form/Report writing; and

(xi) 6 hours in any core inspection subject(s); and

(B) complete [either]:

(i) [complete] 40 hours of field work through ride-along inspection course sessions as defined in §535.213(g) [§535.218] of this title;[, except there may be up to 10 students per session] and

(ii) 24 hours of an approved interactive experience training module.[;]

[(ii) complete 16 hours of field work through ride along inspection course sessions as defined in §535.218 of this title, except there may be up to 10 students per session and 60 hours of an approved interactive experience training module;]

(2) Exceptions. The Commission may award substitute experience credit to an applicant who has not met the additional qualifying course requirements under this subsection if:

(A) the applicant:

(i) (iii)has [have] five years of experience in a field directly related to home inspection, including but not limited to installing, servicing, repairing or maintaining the structural, mechanical and electrical systems found in improvements to real property;[,] and

(ii) provides to the Commission [provide] two affidavits from persons who have personal knowledge of the applicant's work, detailing the time and nature of the applicant's relevant experience; or[.]

(B) [(2)] The applicant [A person who] has:

(i) at least three years of experience as an active practicing licensed or registered architect, professional engineer, or engineer-in-training, who [must: ] [(A)] has completed [complete] a total of 16 additional hours of qualifying [core] inspection coursework, which must include the following:

(I) [(i)] 8 hours in Texas Standard Report Form/Report Writing; and

(II) [(ii)] 8 hours in non-elective coursework in legal, ethics, SOPs, and report writing as defined in §535.218 of this title; and

(ii) [(B)] submits [submit] a license history from the regulatory agency that issued the license or registration documenting the period of practice as a licensed or registered architect, professional engineer, or engineer-in-training.

(f) [(h)] For purposes of this section:

(1) "qualifying [core] inspection coursework" means course work on the subject matters listed in §535.213(e) of this title; and

(2) "interactive experience training module" means education that provides regular and substantive interaction between the students and the instructor, either synchronously or asynchronously, and is delivered:

(A) in-person to students in the classroom; or

(B) through the use of one or more of the following technologies:

(i) the internet;

(ii) one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite or wireless communications devices;

(iii) audio conferencing; or

(iv) video cassettes, DVDs, and CD-ROMs, if the cassettes, DVDs, or CD-ROMs are used in a course in conjunction with any of the technologies listed in subparagraphs (B)(i) through (B)(iii) of this paragraph.

§535.213.Qualifying Real Estate Inspector Instructors and Courses.

(a) - (b) (No change.)

(c) A classroom course may include up to 50% of total course time for appropriate field trips relevant to the course topic. Field trips may not be included as part of distance education [correspondence or alternative] delivery courses.

(d) - (f) (No change.)

(g) Ride-along inspection course for qualifying education.

(1) A ride-along inspection course must:

(A) at a minimum consist of one full residential property inspection per 8 hours of course credit;

(B) review applicable standards of practice and departure provisions contained in §§535.227 - 535.233 of this title; and

(C) consist of no more than two students per instructor.

(2) The instructor of a ride-along inspection course may:

(A) review report writing;

(B) deliver a notice regarding the ride-along session on a form approved by the Commission to the prospective buyer or seller of the home being inspected.

§535.218.Continuing Education Required for Renewal.

(a) Continuing education required for renewal.

(1) Before [Prior to] renewal of an [a real estate inspector or professional] inspector license, a license holder must take the 32 hours of continuing education which shall include the following:

(A) 24 hours of qualifying course subjects as described in §535.213(e)(1) - (8), (11) and (12) of this title, with a maximum of 16 hours on any one single subject; and

(B) eight hours of non-elective coursework in legal, ethics, SOPs, and report writing consisting of the following coursework:

(i) 4 hours of Standards of Practice Review; and

(ii) 4 hours of Legal and Ethics.

(2) An [A real estate inspector or professional] inspector who files an application for reinstatement of an expired license within two years of the expiration date of the previous license, must provide evidence satisfactory to the Commission that the applicant has completed any continuing education that would have been otherwise required for timely renewal of the previous license had that license not expired.

(b) Receiving continuing education credit for ride-along [Ride-along] inspection course.

[(1)] Up to eight hours of continuing education credit per two year license period may [can] be given to a license holder for completion of a ride-along inspection course as defined in §535.213(g) of this title.

[(2) At a minimum, a ride-along inspection course must:]

[(A) consist of one full residential property inspection; and]

[(B) review applicable standards of practice and departure provisions contained in §§535.227 - 535.233 of this title.]

[(3) In order to qualify for real estate inspector continuing education credit, a ride-along inspection course shall consist of no more than two students per session.]

[(4) The instructor of a ride-along inspection course may:]

[(A) review report writing;]

[(B) deliver a notice regarding the ride-along session on a form approved by the Commission to the prospective buyer or seller of the home being inspected.]

(c) - (d) (No change.)

(e) Continuing education credit for course taken outside of Texas. An inspector may receive continuing education elective credit for a course taken to satisfy the continuing education requirements of a country, territory, or state other than Texas if:

(1) the [real estate inspector or professional] inspector licensed in Texas held an active inspector license in a country, territory, or state other than Texas at the time the course was taken;

(2) the course was approved for continuing education credit for an inspector license by a country, territory, or state other than Texas at the time the course was taken;

(3) the successful completion of the course has been evidenced by a course completion certificate, a letter from the provider or such other proof satisfactory to the Commission;

(4) the subject matter of the course was predominately devoted to a subject acceptable for continuing education credit for an [a real estate inspector or professional] inspector licensed in Texas; and

(5) the [real estate inspector or professional] inspector licensed in Texas has filed a Continuing Education (CE) Credit Request for an Out of State Course, with the Commission.

(f) (No change.)

(g) Continuing education credit for attendance at a meeting of the Texas Real Estate Inspector Committee. An [A real estate inspector or professional] inspector licensed in Texas may receive up to four hours of continuing education elective credit per license period for attendance in person at the February meeting of the Texas Real Estate Inspector Committee.

(h) Continuing education credit for courses taken by persons who hold another occupational license issued by a governmental body in Texas. An inspector licensed in Texas may receive continuing education credit for a course taken to satisfy the continuing education requirements for another occupational license if:

(1) the inspector files the applicable form with the Commission;

(2) the inspector holds one of the following occupational licenses, including but not limited to:

(A) plumber;

(B) electrician;

(C) architect;

(D) professional engineer;

(E) air conditioner and refrigeration technician; or

(F) structural pest control applicator or technician;

(3) at the time the course was taken:

(A) the inspector held an active occupational license issued by a governmental body in Texas; and

(B) the course was approved for continuing education credit for the other occupational license;

(4) the inspector demonstrates successful completion of the course by submitting:

(A) a course completion certificate;

(B) a letter from the provider; or

(C) other proof satisfactory to the Commission; and

(5) the primary subject matter of the course was a subject acceptable for continuing education credit for an inspector licensed in Texas.

§535.219.Schedule of Administrative Penalties.

(a) - (b) (No change.)

(c) An administrative penalty range of $100 - $1,500 per violation per day may be assessed for violations of the following sections of Chapter 1101, Chapter 1102 and this subchapter:

(1) §1101.652(a)(7);

(2) §1102.118;

(3) §1102.305;

(4) [(3)] §1102.364;

(5) [(4)] 22 TAC §535.216(d);

(6) [(5)] 22 TAC §535.217;

(7) [(6)] 22 TAC §535.220(a) - (d);

(8) [(7)] 22 TAC §535.221; and

(9) [(8)] 22 TAC §535.223.

(d) - (f) (No change.)

§535.220.Professional Conduct and Ethics.

(a) - (f) (No change.)

(g) Each active licensed [real estate] inspector [licensed by the Commission] shall provide the consumer notice adopted under §531.18 of this title in the manner described by that section.[:]

[(1) displaying it in a readily noticeable location in each place of business the inspector maintains; and]

[(2) providing a link to it labeled "Texas Real Estate Commission Consumer Protection Notice", in at least a 10 point font, in a readily noticeable place on the homepage of the business website of the inspector].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 19, 2018.

TRD-201804989

Kerri Lewis

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: January 6, 2019

For further information, please call: (512) 936-3092