Texas Department of Licensing & Regulation I N T R O D U C T I O N T O R E G I S T E R E D S A N I T A R I A N P R O G R A M R U L E S Brian Francis, TDLR Executive Director
Who we are Open and Transparent Deliver Exceptional Customer Service Keep Costs Low and Efficiency High 1 2 The Texas Department of Licensing and Regulation (TDLR) is responsible for licensing and regulating a broad range of occupations, professions, businesses, facilities, and equipment in Texas. Our purpose is to protect the health and safety of Texans and ensure they are served by qualified professionals. Apply Clear, Consistent, and Common Sense Rules 3 With a functionally-aligned business model, TDLR is unmatched in Texas state government.
Who we regulate Business & Occupations Combative Sports Driver Education and Safety For-Profit Legal Services Licensed Breeders Polygraph Examiners Professional Employer Organizations Service Contract Providers Temporary Common Worker Employers Towing Companies Used Automotive Parts Recyclers Vehicle Protection Product Warrantors Vehicle Storage Facilities Professionals Auctioneers Barbering Cosmetology Laser Hair Removal Offender Education Providers Property Tax Consultants Property Tax Professionals Health Professions Building & Mechanical Air Conditioning & Refrigeration Architectural Barriers Boiler Safety Code Enforcement Officers Electrical Safety Elevators, Escalators & Related Equipment Industrialized Housing & Buildings Mold Assessors & Remediators Natural Resources Water Well Drillers & Pump Installers Weather Modification Athletic Trainers Dietitians Dyslexia Therapists & Practitioners Hearing Instrument Fitters & Dispensers Massage Therapists Midwives Orthotists & Prosthetists Sanitarians Speech-Language Pathologists & Audiologists * Transferring November 1, 2017
TDLR At a Glance: FY 16 Licensees: 704K (FY17 Q1) Calls Received: 399K Employees: 448 Emails Received: 83K Exams: 58K Inspections Completed: 126K Plan Reviews: 24K Complaints Opened: 11K CE Courses Approved: 1,647 CE Providers Approved: 378
A history of change We believe in carefully balancing the interest of protecting public health and safety with individual needs to pursue success in a chosen profession. TDLR s culture of innovation allows us to successfully manage growth and increasing responsibilities while maintaining a motivated and lean workforce. PROGRAMS LICENSEES TRANSFERS The agency s responsibilities have increased from regulating 17 programs in 1999 to a total of 38 programs by November 2017. In 1999, TDLR had 1 employee for every 732 licensees; we now have 1 employee for every 1,589 licensees, an efficiency increase of 117%. In 2015, the 84 th Texas Legislature transferred 14 occupational licensing programs to TDLR.
What we ve done: DSHS program consolidation As a result of the enactment of Senate Bill 202, 84 th Session, thirteen DSHS programs were transferred to TDLR: o The first phase of this transfer took place on October 3, 2016 when TDLR assumed responsibility for all activities relating to seven Health Professions programs. o The second phase includes six programs transferring to TDLR on November 1, 2017, completing the program consolidation authorized by SB 202. Phase Two: Projected License Populations Code Enforcement Officers 2,309 Laser Hair Removal 2,347 Massage Therapists 30,697 Mold Assessors & Remediators 3,911 Offender Education Providers 2,242 Sanitarians 1,251 Total 42,757
TDLR Rulemaking Philosophy for Transferring Programs Reorganize rules to make them consistent with TDLR s rule format. No change to scope of practice. Verify statutory authority for each rule. Remove any overly burdensome regulatory requirements. Replace certain enforcement, licensing, and renewal language with Texas Occupations Code, Chapter 51 language.
Consolidation Rule Process: Goals In this initial phase of the rule process, TDLR s goal is to make minimal changes so that licensees can continue working without interruption to their normal practices. Changes are mostly organizational so that the rules can be easily transferred to TDLR. Any substantive comments for rule changes will be considered in the next phase of rulemaking.
Consolidation Rule Process: Drafting TDLR develops rule draft Shared with key stakeholders for preview at forums in January, 2017
Consolidation Rule Process: Public Comment Proposed rules published in Texas Register on April 21 30 DAY PUBLIC COMMENT PERIOD ended on May 22 TDLR reviews all comments, develops responses & may make changes based on public input
Consolidation Rule Process: Commission Votes TDLR presents published rules and public comments to the Commission at public meeting on July 14, 2017 COMMISSION VOTES TO ADOPT RULES
Consolidation Rule Process: Open & Free Communication TDLR incorporates any changes from Commission into final version of rules and publishes adopted rules in the Texas Register and on TDLR website. The effective date for the adopted rules will be November 1, 2017. TDLR notifies public of rule adoption and effective date via: Email Website Social Media
Consolidation Rule Changes for Sanitarians TDLR Rules DSHS Rules Statutory Authority 16 TAC 22 TAC Substantive Changes and Additional Notes and Implementation Chapter 119 Chapter 140 119.1 1953.051; 51.201 119.2 140.102 Added definition for Texas Commission of Licensing and Regulation. Duplicate definitions for education, registration, and scope of professional practice deleted. 1953.051; 51.201 119.3 140.101 1953.051; 51.201 119.1 140.119 Advisory board expanded to nine members, five being registered sanitarians. 1953.0512 119.11 140.119 1953.0512 119.12 140.119 1953.0512 119.13 140.119 1953.0512 119.14 140.119 1953.0512 119.15 140.119 1953.0512 119.2 140.104 1953.105; 1953.051 119.21 140.105 Added background check. 1953.102 119.22 140.114 119.23 140.106 Courses listed for clarity. 1953.102
Consolidation Rule Changes for Sanitarians Exam fees will be paid directly to third party test vendor. Department policies provided by third party 119.24 140.107 test vendor. Duplicate information in Candidate 1953.102; 1953.151 Information Bulleting deleted. Chap. 60 reference to TDLR exam procedures added. 119.26 140.111 Added background check for renewal. 1953.106 119.27 114.113 Sponsors of approved continuing education keep register records for 5 years (from 2) to 1953.051(b)(1) be consistent across programs. 119.5 140.112 Retired Sanitarian Exemption from renewal and CE deleted. No statutory basis. Currently, no retired sanitarians registered. No need identified for rule by workgroup. 119.7 140.117 1953.051; 51.201
Consolidation Rule Changes for Sanitarians Eliminated Fees: Health Professions Council. Texas Online Authority fee. Retired sanitarian fee. Exam and re-examination fees, those fees paid directly to test provider. 119.8 140.103 Reduced Fees: Registration renewal fee for sanitarians in training to $125 from $150. Renewal fee for sanitarians to $140 from $150. 1953.052 Processing fee for upgrading from sanitarian in training to sanitarian to $25 from $90. Criminal History Evaluation fee to $25 from $50. Changed fees: Duplicate replacement fee changed to $25.00 from $20. Added late renewal fees in 60. Added Chap. 60 dishonored payment device fee $50. 119.9 140.116 1953.201 119.95 140.118 Removed all administrative procedures in.118 duplicated by 51 and 60. Ex. Complaint process, notice, administrative hearings. 1953.051; 60.200, 60.300,.302,.304-.311.
Consolidation Rule Changes for Sanitarians NOTE 1: The DSHS rules that are not listed in the chart above were not incorporated into the TDLR rules for several reasons: 1) TDLR eliminated rules that were already addressed in the Commission s and Department s enabling statute, Occupations Code Chapter 51, and in the procedural rules at 16 TAC Chapter 60, both of which apply to all TDLR programs. Examples include: Late Renewal Timeframes Petitions for Rulemaking Complaints and Alleged Violations Administrative Hearings Enforcement and Disciplinary Actions Provisions Regarding Applicants with Criminal Histories Military Licensing Provisions 2) TDLR eliminated rules that are no longer relevant based on differences between the DSHS and the TDLR structures, processes, or procedures; 3) TDLR eliminated rules on issues that are addressed by other methods such as the Criminal Conviction Guidelines and the Enforcement Penalty Matrix. 4) TDLR eliminated rules that are not supported or authorized by the current statute.
Consolidation Rule Changes for Sanitarians NOTE 2: The fees section of the TDLR rules has been reformatted using the fee structure and amounts for programs regulated by TDLR. TDLR removed program-specific rules and adopted the TDLR standard fees for: Dishonored Payment Device (16 TAC 60.82) = $50. Criminal History Determination Letter (16 TAC 60.42) = $25. Deleted 140.120. Use 60.42. Late Renewal Fee Schedule (Occ. Code 51.401 and 16 TAC 60.83): o Expired 90 days or less = One and one half times the regular renewal fee; o o Expired 91 days to less than 18 months = Two times the regular renewal fee; Expired 18 months to less than 3 years (with Executive Director s approval) = Two times the regular renewal fee. Standardized fee changes for the items above resulted in some TDLR fees being higher and some being lower than the DSHS fees. Registration of Military Veterans rules deleted 140.121 and now use 60.500. TDLR rules also eliminated the following DSHS fees that are not charged by TDLR: Subscription and convenience fees for initial and renewal applications processed through Texas Online. (140.103(e)). Fees charged for initial and renewal applications to fund the Office of Patient Protection, Health Professions Council. (140.103(d)).
Mark your calendars Commission meeting to adopt final rules is on July 14, 2017. Adopted rules become effective November 1, 2017. All regulatory functions and operations transfer from Department of State Health Services (DSHS) to TDLR.
Frequently asked questions When will the DSHS programs transfer to TDLR? TDLR will assume all activities relating to the six DSHS programs - including licenses and renewals, customer service and enforcement - on November 1, 2017. Will I have to get a new license? No. The license you have now - issued by DSHS - will remain valid until its expiration date. When you renew on or after November 1, 2017, you will receive a TDLR license.
Frequently asked questions Will continuing education requirements be different at TDLR? Continuing Education requirements will be very similar to DSHS requirements. Registered Sanitarians must complete 24 hours of CEs every 2 years. Courses must be preapproved 60 days before they are first given, and approval is good for one year. Sponsors of CE courses keep register records for 5 years instead of 2 years. How do I stay informed about changes impacting me? You have several options to stay connected: Email notification system Public meetings Social media including: o Facebook o Twitter o Website
@TDLRHealth Email updates: stay informed Facebook.com/TDLRHealth
Thank you! Welcome to TDLR, and welcome to our family. We are committed to providing a high level of service and earning your respect. How? By listening, learning, and serving listening, learning, and serving listening, learning, and serving. Brian Francis, Executive Director Contact Us - Send an e-mail to forum@tdlr.texas.gov or call (800) 803-9202 or (512) 463-6599.