The new section is adopted under and affect Texas Revised Civil Statutes Annotated Article 6243-101 ("Act"), §5(a), §12B(a), §12B(b), §12B(c). Section 5(a) of the Act authorizes, empowers and directs the Board to prescribe, amend and enforce all rules and regulations necessary to carry out the Act. Section 12B(a) requires a plumbing license holder to complete at least six hours of continuing professional education each license year. Section 12B(b) directs that the Board, by rule, adopt criteria for continuing professional education. Section 12B(c) specifies that in order for persons to receive credit for participation in a continuing professional education program or course, the program or course must have been provided according to criteria adopted by the Board by an individual, business, or association approved by the Board.

No other statute, article or code is affected by this adopted new rule.

§365.14.Continuing Professional Education Programs.

(a)

Course Materials - Beginning in preparation for the 2000-2001 Continuing Professional Education year (begins on July 1, 2000), the Board will annually approve Course Materials to be used for the Continuing Professional Education (CPE) required for renewal of Journeyman Plumber, Master Plumber and Plumbing Inspector Licenses. The Course Materials are the printed materials that are the basis for a substantial portion of a CPE course and which are provided to the Licensees. Board approval of Course Materials will be subject to all of the terms and conditions of this Section. The following minimum criteria will be used by the Board in considering approval of Course Materials:

(1)

The Course Materials will provide the basis for a minimum of six classroom hours of study. Three of the six hours will be in the subjects of health protection, energy conservation and water conservation, with the remaining three hours covering subjects which shall include information concerning the Act, Board Rules, current industry practices and codes, and subjects from lists of approved subjects published by the Board.

(2)

The Board will periodically publish lists of approved subjects.

(3)

The Course Materials must be presentations of relevant issues and changes within the subject areas as they apply to the plumbing practice in the current market or topics which increase or support the Licensees development of skill and competence.

(4)

The provider of the Course Materials must provide the Course Materials, as needed, in correspondence course form to comply with §12B(d) of the Act, which are to be made available for at least three (3) years or as necessary for renewal of an expired license.

(5)

The Course Materials may not advertise or promote the sale of goods, products or services.

(6)

The Course Materials must be printed and bound and must meet the following minimum technical specifications for printing and production:

(A)

Binding - Perfect or Metal Coiled,

(B)

Ink - Full Bleed Color,

(C)

Cover Material - 80 Pound Gloss Paper,

(D)

Page Material - 70 Pound

(7)

The Course Materials will include perforated Board forms within the binding of the Course Materials that may be removed for use by the Licensees. The forms will include CPE evaluation forms, License and Endorsement examination forms and General Complaint forms.

(8)

All Course Materials must have the following characteristics:

(A)

Correct grammar, spelling and punctuation,

(B)

Appropriate illustrations and graphics to show concepts not easily explained in words, and

(C)

In depth and comprehensive presentation of subject matter which increases or supports the skills or competence of the Licensees.

(9)

The provider of Course materials must have legal ownership of or an appropriate license for the use of all copyrighted material included within the Course materials. Board approved Course materials will contain a prominently displayed approval statement in 10 point bold type or larger containing the following language: "THIS CONTINUING PROFESSIONAL EDUCATION COURSE MATERIAL HAS BEEN APPROVED BY THE TEXAS STATE BOARD OF PLUMBING EXAMINERS FOR USE IN THE (state year) CPE YEAR. BY ITS APPROVAL OF THIS COURSE MATERIAL, THE TEXAS STATE BOARD OF PLUMBING EXAMINERS DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OF THE CONTENTS OF THE COURSE MATERIAL. FURTHER, THE TEXAS STATE BOARD OF PLUMBING EXAMINERS IS NOT MAKING ANY DETERMINATION THAT THE PARTY PUBLISHING THE COURSE MATERIALS HAS COMPLIED WITH ANY APPLICABLE COPYRIGHT AND OTHER LAWS IN PUBLISHING THE COURSE MATERIAL AND THE TEXAS STATE BOARD OF PLUMBING EXAMINERS DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY THEREFOR. THE COURSE MATERIAL IS NOT BEING PUBLISHED BY NOR IS IT A PUBLICATION OF THE TEXAS STATE BOARD OF PLUMBING EXAMINERS."

(10)

The provider of Course Materials will conduct instructor training in the use of Course Materials.

(11)

The provider of Course Materials will be required to have distribution facilities that will ensure prompt distribution of course materials, facsimile ordering and a statewide toll free telephone number for placing orders. The provider of Course Materials must ship any ordered material within ten business days after the receipt of the order and payment for the course materials.

(12)

The Board shall annually approve only individuals, businesses or associations to provide Course Materials. Any individual, business or association who wishes to offer to provide Course Materials shall apply to the Board for approval using application forms prepared by the Board. In order to be approved, the application must satisfy the Board as to the ability of the individual, business or association to provide quality Course Materials as required in this Section and must include:

(A)

name and address of individual applicant,

(B)

names and addresses of all officers, directors, trustees or members of the governing board of any business or association applicant,

(C)

statement by individual applicant, and each officer, director, trustee or member of governing board as to whether he or she has ever been convicted of a felony or misdemeanor other than a minor traffic violation,

(D)

certificate of good standing issued by the Texas Comptroller of Public Accounts for business or association applicants,

(E)

fees to be charged for Course Materials,

(F)

taxpayer identification number,

(G)

method for quarterly reporting of Course Provider, Instructors, and Licensee evaluations of Course Materials to the Board,

(13)

The provider of Course Materials must sell Course Materials to all Course Providers and Licensees at the same price as stated in the application.

(14)

The Board may refuse to accept any application for approval as a provider of Course Materials that is not complete. The Board may deny approval of an application for any of the following reasons:

(A)

failure to comply with the provisions of this section;

(B)

inadequate coverage of the materials required to be included in Course Materials; or

(C)

unsatisfactory evaluations of the Course Materials by Course Providers, Instructors, Licensees, or Board staff.

(15)

If an application is refused or disapproved, written notice detailing the basis of the decision shall be provided to the applicant.

(16)

A provider's authority to offer the Course Materials for which CPE credit is given expires on June 30 of the following calendar year after approval.

(17)

Course Materials to be approved for the 2000-2001 CPE year must be submitted in complete draft form (at least 20 copies) to the Board's office no later than May 15, 2000, for Board approval at its May, 2000 Board meeting. At least 50 copies each of all Course Materials that are approved at the Board's May, 2000 Board meeting shall be provided to the Board's office no later than July 1, 2000 at no cost to the Board.

(18)

All providers of Course Materials must meet the following time schedule each year for approval of Course Materials to be used for the 2001-2002 and following CPE years:

(A)

At least 20 copies each of the final draft version of the Course Materials must be submitted to the Board's office no later than December 1 for Board approval at its January Board meeting, unless an extension is requested at or before the January Board meeting and granted by the Board.

(B)

At least 20 copies each of the revised and completed version of the Course Materials must be submitted to the Board's office no later than February 15 for Board approval at its March Board meeting, unless an extension is requested at or before the March Board meeting and granted by the Board.

(C)

At least 50 copies each of all Course Materials that are approved at the Board's March Board meeting shall be provided to the Board's office no later than July 1 at no cost to the Board.

(19)

A provider's failure to comply with this section constitutes grounds for disciplinary action against the provider or for disapproval of future applications for approval as a provider of Course Materials.

(b)

Course Providers -The Board will annually approve only individuals, businesses or associations as Course Providers. Course Providers will offer classroom and correspondence instruction in the Course Materials used for the Continuing Professional Education (CPE) required for renewal of all licenses issued under the Act. Board approval of Course Providers will be subject to all of the terms and conditions of this Section. The following minimum criteria will be used by the Board in considering approval of Course Providers:

(1)

CPE courses shall be presented in one of the following formats:

(A)

Six classroom hours presented on one day

(B)

Two sessions of three classroom hours each presented within a seven day period or

(C)

An approved correspondence course.

(2)

Not less than three hours of the classroom course will be in the subjects of health protection, energy conservation and water conservation.

(3)

Presentations must be based primarily on the Course Materials and any other materials approved by the Board.

(4)

In addition to Course Materials, presentations may include videos, films, slides or other appropriate types of illustrations and graphic materials related to the Course Materials.

(5)

Course Providers shall limit the number of students for any CPE class to forty-five (45).

(6)

A Course Provider may not advertise or promote the sale of any goods, products or services between the opening and closing hours of any CPE class.

(7)

Each Course Provider shall furnish a uniquely numbered Certificate of Completion of CPE to each Licensee, but only after the licensee has completed the CPE course. The Board will assign the unique numbers to be used on each Certificate to each Course Provider.

(8)

Each Course Provider shall, at its own expense and in a format approved by the Board, electronically transmit to the Board certification of each Licensee's completion of CPE requirements within forty-eight hours of completion.

(A)

The Board may provide training to the Course Provider in the method for electronic transmittal.

(B)

The Board may charge a fee to recover its costs for computer software and training in the use of the software to the Course Provider.

(9)

Each Course Provider shall be reviewed annually by the Board to ensure that classes have been provided equitably across the state of Texas, except as provided in §365.14(b)(15)(J).

(10)

Each Course Provider must notify the Board at least 7 days before conducting classes; the notice shall contain the time(s) and place(s) where the classes will occur.

(11)

Each Course Provider will perform self-monitoring and reporting as required by the Board.

(12)

Each Course Provider shall use only Course Instructors that have been approved by the Board. Each Course Provider shall annually submit to the Board's office a list of Course Instructors it employs and the instructors' credentials for approval.

(A)

Lists of Course Instructors to be approved for the 2000-2001 CPE year must be submitted no later than May 15, 2000 for approval by the Board at its May, 2000 meeting, unless an extension is requested at or before the May Board meeting and granted by the Board.

(B)

Lists of Course Instructors to be approved for the 2001-2002 and later CPE years must be submitted each year no later than February 15 for approval by the Board at its March Board meeting, unless an extension is requested at or before the March Board meeting and granted by the Board.

(13)

Prior to allowing Course Instructors to teach CPE, Course Providers must provide documentation to the Board showing the instructor's successful completion of Course Materials training.

(14)

Course Instructors must comply with subsection (c) of this section. Course Providers shall notify the Board within 10 days of any change of an instructor's employment status with the Course Provider.

(15)

Any individual, business or association who wishes to be a Course Provider shall apply to the Board for approval using application forms prepared by the Board. In order to be approved, the application must satisfy the Board as to the ability of the individual, business or association to provide quality instruction in the Course Materials as required in this section and must include:

(A)

name and address of individual applicant,

(B)

names and addresses of all officers, directors, trustees or members of the governing board of any business or association applicant,

(C)

statement by individual applicant, and each officer, director, trustee or member of governing board as to whether he or she has ever been convicted of a felony or misdemeanor other than a minor traffic violation,

(D)

certificate of good standing issued by the Texas Comptroller of Public Accounts for business or association applicants,

(E)

taxpayer identification number,

(F)

facsimile number, statewide toll free telephone number, Internet web site or electronic mail address,

(G)

fees to be charged to Licensees for attending the course, considering the following:

(i)

If the Course Provider is not also a provider of Course Materials and will purchase Course Materials, the Course Provider may not charge the Licensees more than its actual cost for the Course Materials supplied to the Licensees by the Course Provider.

(ii)

The fees charged to the Licensees for attending the course will be determined by the Course Provider.

(H)

an example of a Licensee's Certificate of Completion of CPE,

(I)

CPE class scheduling plan,

(J)

plan for providing courses equitably across the state (the following individuals or businesses will not have to comply with subparagraph (J) of this paragraph:

(i)

Employers applying to be approved as Course Providers for the purpose of providing CPE courses only to the employers' employees, and

(ii)

Individuals who will not employ Course Instructors other than themselves),

(K)

method for quarterly reporting compilations of Licensee evaluations of Course Provider and Course Instructors to the Board and

(L)

method for ensuring that only Licensees who meet one or more of the following requirements may receive CPE credit for taking an CPE correspondence course:

(i)

any Licensee that lives outside of the State of Texas, or

(ii)

lives in a county that does not have a city with a population in excess of 100,000, or

(iii)

who has an expired license that requires a CPE course that is no longer available in the classroom,

(M)

identification of the Course Materials which will be used by the Course Provider.

(16)

The Board may refuse to accept any application for approval as a Course Provider that is not complete. The Board may deny approval of an application for any of the following reasons:

(A)

failure to comply with the provisions of this section;

(B)

inadequate instruction of the materials required to be included in Course Materials; or

(C)

unsatisfactory evaluations of the Course Provider by Licensees or Board staff.

(17)

If an application is refused or disapproved, written notice detailing the basis of the decision shall be provided to the applicant.

(18)

A Course Provider's authority to offer instruction in the Course Materials for which CPE credit is given expires on June 30, of the following calendar year after approval.

(19)

Beginning with the 2000-2001 CPE year, the Board will establish the deadline in which applications must be submitted after the effective date of this rule. For the 2001-2002 and following CPE years, all Course Provider applications must be submitted to the Board office no later than December 1, each year for approval at the Board's January meeting, unless an extension is requested at or before the January Board meeting and granted by the Board.

(20)

The Board shall review Course Providers for quality in instruction. The Board shall also investigate and take appropriate action, up to and including revocation of authority to provide CPE, regarding complaints involving approved Course Providers.

(21)

A provider's failure to comply with this section constitutes grounds for disciplinary action, up to and including revocation of authority to provide CPE, against the provider or for denial of future applications for approval as a Course Provider.

(c)

Course Instructors - The Board will annually approve Course Instructors to provide the classroom instruction in the Course Materials used for the Continuing Professional Education (CPE) required for renewal of Journeyman Plumber, Master Plumber and Plumbing Inspector Licenses. Board approval of Course Instructors will be subject to all of the terms and conditions of this Section. An individual who wishes to be approved by the Board as a Course Instructor must apply to the Board using an application form approved by the Board. The following minimum criteria will be used by the Board in considering approval of Course Instructors:

(1)

Instructors must be licensees of the Board and attend and successfully complete a Course Instructor Certification Workshop each year conducted by the Board (the Board will charge a fee to recover its costs for conducting the Course Instructor Certification Workshop).

(2)

Instructors will be required to successfully complete a Board approved program of 160 clock hours which meets the following criteria. The Board will allow credit for approved courses.

(A)

40 hours to provide the Instructor with the basic educational techniques and instructional strategies necessary to plan and conduct effective training programs.

(B)

40 hours to provide the Instructor with the basic techniques and strategies necessary to analyze, select, develop, and organize instructional material for effective training programs.

(C)

40 hours to provide the Instructor with the basic principles, techniques, theories, and strategies to establish and maintain effective relationships with students, co-workers, and other personnel in the classroom, industry, and community.

(D)

40 hours to provide the Instructor with the basic principles, techniques, theories, and strategies to communicate effectively with the use of instructional media.

(E)

To maintain his/her status as an approved Course Instructor, the Instructor shall undergo one of the aforementioned training programs every 12 months such that the entire training (160 hours) is complete within four years.

(3)

A Course Instructor may not advertise or promote the sale of goods, products, or services between the opening and closing hours of any CPE class.

(4)

As a Course Instructor and Licensee of the Board, a Course Instructor must comply with the Plumbing License Law and Board Rules, including §367.2 of the Board Rules regarding Standards of Conduct. An Instructor has a responsibility to his students and employer to:

(A)

be well versed in and knowledgeable of the Course Materials,

(B)

maintain an orderly and professional classroom environment and

(C)

coordinate with the Course Provider to develop an appropriate method for handling disorderly and disruptive students. A Course Instructor shall report to the Course Provider and the Board, any non-responsive and disruptive student who attends a CPE course. The Board may deny CPE credit to any such student and require, at the students expense, successful completion of an additional CPE course to receive credit.

(5)

The Board shall review Course Instructors for quality of instruction. The Board shall also respond to complaints regarding Course Instructors.

(6)

A Course Instructor's failure to comply with this section constitutes grounds for disciplinary action against the Instructor or for disapproval of future applications for approval as a Course Instructor.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 24, 2000.

TRD-200002929

Robert L. Maxwell

Chief Investigator/Field Services

Texas State Board of Plumbing Examiners

Effective date: May 14, 2000

Proposal publication date: March 17, 2000

For further information, please call: (512) 458-2145