R E G I S T E R E D S A N I TA R I A N P R O G R A M R U L E S - - PowerPoint PPT Presentation

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 TA R I A N P R O G R A M R U L E S

Brian Francis, TDLR Executive Director

Who we are

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. With a functionally-aligned business model, TDLR is unmatched in Texas state government. Open and Transparent Deliver Exceptional Customer Service Keep Costs Low and Efficiency High Apply Clear, Consistent, and Common Sense Rules

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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

Health Professions

Athletic Trainers Dietitians Dyslexia Therapists & Practitioners Hearing Instrument Fitters & Dispensers Massage Therapists Midwives Orthotists & Prosthetists Sanitarians Speech-Language Pathologists & Audiologists Auctioneers Barbering Cosmetology Laser Hair Removal Offender Education Providers Property Tax Consultants Property Tax Professionals

Professionals Building & Mechanical

Air Conditioning & Refrigeration Architectural Barriers Boiler Safety Code Enforcement Officers Electrical Safety Elevators, Escalators & Related Equipment Industrialized Housing & Buildings Mold Assessors & Remediators Water Well Drillers & Pump Installers Weather Modification

Natural Resources

* Transferring November 1, 2017

Who we regulate

Employees: 448 Licensees: 704K

(FY17 Q1)

Calls Received: 399K Exams: 58K Emails Received: 83K Complaints Opened: 11K Inspections Completed: 126K

Plan Reviews: 24K

CE Courses Approved: 1,647 CE Providers Approved: 378

TDLR At a Glance: FY 16

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.

The agency’s responsibilities have increased from regulating 17 programs in 1999 to a total of 38 programs by November 2017. In 2015, the 84th Texas Legislature transferred 14

• ccupational licensing programs to TDLR.

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%.

PROGRAMS TRANSFERS LICENSEES

What we’ve done: DSHS program consolidation

• As a result of the enactment of Senate Bill 202, 84th

Session, thirteen DSHS programs were transferred to TDLR:

• 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.

• 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

• f rulemaking.

TDLR develops rule draft

Shared with key stakeholders for preview at forums in January, 2017 Consolidation Rule Process: Drafting

Proposed rules published in Texas Register

• n 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: Public Comment

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: Commission Votes

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 Process: Open & Free Communication

Consolidation Rule Changes for Sanitarians

TDLR Rules DSHS Rules 16 TAC Chapter 119 22 TAC Chapter 140 119.1 1953.051; 51.201 Added definition for Texas Commission of Licensing and Regulation. Duplicate definitions for “education”, “registration”, and “scope of professional practice” deleted. 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 Substantive Changes and Additional Notes Statutory Authority and Implementation 119.2 140.102 1953.051; 51.201

Consolidation Rule Changes for Sanitarians

Exam fees will be paid directly to third party test vendor. Department policies provided by third party test vendor. Duplicate information in Candidate 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 be consistent across programs. 1953.051(b)(1) 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; 51.201 119.24 140.107 1953.102; 1953.151

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. Reduced Fees: Registration renewal fee for sanitarians in training to $125 from $150. Renewal fee for sanitarians to $140 from $150. 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. 119.8 140.103 1953.052

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):
• Expired 90 days or less = One and one half times the regular renewal fee;
• 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

• perations transfer from Department of State Health Services (DSHS) to TDLR.

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. 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.

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

• f 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:
• Facebook
• Twitter
• Website

Frequently asked questions

@TDLRHealth Facebook.com/TDLRHealth Email updates: stay informed

Brian Francis, Executive Director Contact Us - Send an e-mail to forum@tdlr.texas.gov or call (800) 803-9202

• r (512) 463-6599.

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.

Thank you!