TITLE 22.EXAMINING BOARDS

Part 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS

Chapter 1. ARCHITECTS

Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION

22 TAC §1.68

The Texas Board of Architectural Examiners proposes an amendment to rule §1.68 for Title 22, Chapter 1, Subchapter D, pertaining to inactive status for certificates of registration. The existing rule provides an inactive registration status for architects, prohibits inactive registrants from practicing architecture and from using any form of the title "architect" to describe themselves or their work, and provides for the suspension or revocation of the registration and/or for a fine of up to $1,000 for each day that an inactive registrant has practiced architecture or used a form of the title "architect" improperly. It prohibits an inactive registrant from using or displaying his/her architectural seal, registration certificate, or pocket card. It requires an inactive registrant to pay an annual fee, including an amount for the architectural candidate scholarship fund established by the 76th Texas Legislature. It sets forth the procedures for returning an inactive registration to active status. It requires an inactive registrant whose registration has been inactive for five years or longer to successfully complete all sections of the current registration examination before returning to active status or furnish evidence that the inactive registrant currently holds an architectural registration in another jurisdiction with registration requirements that are substantially equivalent to Texas requirements. It sets forth the reasons for rejecting an application to return to active status. The amendment to this rule is intended to allow inactive registrants to use the title "architect" and to allow an inactive architect who has been actively registered as an architect in Texas or in another jurisdiction for at least twenty years and has retired from the practice of architecture to use the title "Emeritus Architect" or "Architect Emeritus."

Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the section is in effect, no significant fiscal implications for state or local government are expected as a result of enforcing or administering the sections.

Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the sections are in effect the public benefits expected as a result of the amendment to the rule are that the rule will better reflect the statutory provision that is its basis and that a retired architect will not have to maintain an active registration in order to continue to use the title "architect."

No significant impact on small business is expected. There is expected to be no significant change in the cost to persons required to comply with the section.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The amendment is proposed pursuant to Section 3(b) and Section 11A of Article 249a, Vernon's Texas Civil Statutes which provide the Texas Board of Architectural Examiners with authority to promulgate rules, including rules related to inactive status.

The proposed amendment to this section does not affect any other statutes.

§1.68.Inactive Status.

(a) An Architect whose registration is [ active and ] in good standing may apply for Inactive [ inactive ] registration status on a form prescribed by the Board. [ Board before the expiration date of the registration ].

(b) An Inactive Architect may not Practice Architecture. The prohibition against the Practice of Architecture by Inactive Architects applies to architectural projects that may be designed by Nonregistrants as well as to projects that may be designed only by registered Architects. If an Inactive Architect engages in the Practice of Architecture, the Inactive Architect's registration may be suspended or revoked and the Inactive Architect may be fined as allowed by the Architects' Registration Law for each day that the Inactive Architect has engaged in the Practice of Architecture. [ An inactive registrant may not practice architecture or use any form of the title "architect" to describe the registrant or the registrant's work. If an inactive registrant practices architecture or uses any form of the title "architect" improperly, the inactive registrant's registration may be suspended or revoked and the inactive registrant may be fined up to $1,000 for each day that the inactive registrant has practiced architecture or used a form of the title "architect" improperly. ]

(c) An Inactive Architect [ inactive registrant ] shall not use [ or display ] his/her architectural seal [ seal, registration certificate, or pocket card ] during any period that his/her registration is Inactive. [ inactive. ]

(d) An Inactive Architect [ inactive registrant ] shall pay an annual fee as prescribed by the Board.

(e) In order to return his/her registration to active status, an Inactive Architect [ inactive registrant ] must:

(1) apply on a form prescribed by the Board;

(2) either submit proof that he/she has completed all continuing education requirements for each year the registration has been Inactive if continuing education was required for that year [ inactive ] or, in lieu of completing the outstanding continuing education requirements, successfully complete all sections of the current registration examination during the five (5) years immediately preceding the return to active status; and

(3) pay a fee as prescribed by the Board.

(f) An Inactive Architect [ inactive registrant ] whose registration has been Inactive [ inactive ] for a continuous period of five (5) years or longer must do the following before the Inactive Architect [ inactive registrant ] may return to active status:

(1) successfully complete all sections of the current registration examination during the five (5) years immediately preceding the return to active status; or

(2) furnish evidence that the Inactive Architect [ inactive registrant ] currently holds an architectural registration in another jurisdiction where the registration requirements are substantially equivalent to Texas architectural registration requirements and that the current architectural registration is [ active and ] in good standing.

(g) Applications to return to active status may be rejected for any of the reasons that an initial application for registration may be rejected or that a registration may be revoked.

(h) The Board may require that applications [ an application ] to return to active status include verification that the applicant [ Applicant ] has complied with the laws governing the practice of architecture.

(i) An Inactive Architect who has been actively registered as an architect in Texas or in another jurisdiction for at least twenty (20) years and has retired from the Practice of Architecture may use the title "Emeritus Architect" or "Architect Emeritus" after filing the appropriate form with the board. Nonregistrants may not use the title "Emeritus Architect" or "Architect Emeritus."

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 2, 2002.

TRD-200202069

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: May 12, 2002

For further information, please call: (512) 305-8535


Chapter 3. LANDSCAPE ARCHITECTS

Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION

22 TAC §3.68

The Texas Board of Architectural Examiners proposes an amendment to rule §3.68 for Title 22, Chapter 3, Subchapter D, pertaining to inactive status for certificates of registration. The existing rule provides an inactive registration status for landscape architects, prohibits inactive registrants from practicing landscape architecture and from using the title "landscape architect" to describe themselves or their work, and provides for the suspension or revocation of the registration and/or for a fine of up to $1,000 for each day that an inactive registrant has practiced landscape architecture or used a form of the title "landscape architect" improperly. It prohibits an inactive registrant from using or displaying his/her landscape architectural seal, registration certificate, or pocket card. It requires an inactive registrant to pay an annual fee. It sets forth the procedures for returning an inactive registration to active status. It requires an inactive registrant whose registration has been inactive for five years or longer to successfully complete all sections of the current registration examination before returning to active status or furnish evidence that the inactive registrant currently holds a landscape architectural registration in another jurisdiction with registration requirements that are substantially equivalent to Texas requirements. It sets forth the reasons for rejecting an application to return to active status. The amendment to this rule is intended to allow inactive registrants to use the title "landscape architect" and to allow an inactive landscape architect who has been actively registered as a landscape architect in Texas or in another jurisdiction for at least twenty years and has retired from the practice of landscape architecture to use the title "Emeritus Landscape Architect" or "Landscape Architect Emeritus."

Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the section is in effect, no significant fiscal implications for state or local government are expected as a result of enforcing or administering the sections.

Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the sections are in effect the public benefits expected as a result of the amendment to the rule are that the rule will better reflect the statutory provision that is its basis and that a retired landscape architect will not have to maintain an active registration in order to continue to use the title "landscape architect."

No significant impact on small business is expected. There is expected to be no significant change in the cost to persons required to comply with the section.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The amendment is proposed pursuant to Section 4(a) and Section 6A of Article 249c, Vernon's Texas Civil Statutes which provide the Texas Board of Architectural Examiners with authority to promulgate rules, including rules related to inactive status.

The proposed amendment to this section does not affect any other statutes.

§3.68.Inactive Status.

(a) A Landscape Architect whose registration is [ active and ] in good standing may apply for Inactive [ inactive ] registration status on a form prescribed by the Board. [ Board before the expiration date of the registration. ]

(b) An Inactive Landscape Architect may not practice Landscape Architecture. The prohibition against the practice of Landscape Architecture by Inactive Landscape Architects applies to landscape architectural projects that may be designed by Nonregistrants as well as to projects that may be designed only by registered Landscape Architects. If an Inactive Landscape Architect engages in the practice of Landscape Architecture, the Inactive Landscape Architect's registration may be suspended or revoked and the Inactive Landscape Architect may be fined as allowed by the Landscape Architects' Registration Law for each day that the Inactive Landscape Architect has engaged in the practice of Landscape Architecture. [ An inactive registrant may not practice landscape architecture or use the title "landscape architect" to describe the registrant or the registrant's work. If an inactive registrant practices landscape architecture or uses the title "landscape architect" improperly, the inactive registrant's registration may be suspended or revoked and the inactive registrant may be fined up to $1,000 for each day that the inactive registrant has practiced landscape architecture or used the title "landscape architect" improperly. ]

(c) An Inactive Landscape Architect [ inactive registrant ] shall not use [ or display ] his/her landscape architectural seal [ seal, registration certificate, or pocket card ] during any period that his/her registration is Inactive. [ inactive. ]

(d) An Inactive Landscape Architect [ inactive registrant ] shall pay an annual fee as prescribed by the Board.

(e) In order to return his/her registration to active status, an Inactive Landscape Architect [ inactive registrant ] must:

(1) apply on a form prescribed by the Board;

(2) either submit proof that he/she has completed all continuing education requirements for each year the registration has been Inactive if continuing education was required for that year [ inactive ] or, in lieu of completing the outstanding continuing education requirements, successfully complete all sections of the current registration examination during the five (5) years immediately preceding the return to active status; and

(3) pay a fee as prescribed by the Board.

(f) An Inactive Landscape Architect [ inactive registrant ] whose registration has been Inactive [ inactive ] for a continuous period of five (5) years or longer must do the following before the Inactive Landscape Architect [ inactive registrant ] may return to active status:

(1) successfully complete all sections of the current registration examination during the five (5) years immediately preceding the return to active status; or

(2) furnish evidence that the Inactive Landscape Architect [ inactive registrant ] currently holds a landscape architectural registration in another jurisdiction where the registration requirements are substantially equivalent to Texas landscape architectural registration requirements and that the current landscape architectural registration is [ active and ] in good standing.

(g) Applications to return to active status may be rejected for any of the reasons that an initial application for registration may be rejected or that a registration may be revoked.

(h) The Board may require that applications [ an application ] to return to active status include verification that the applicant [ Applicant ] has complied with the laws governing the practice of landscape architecture.

(i) An Inactive Landscape Architect who has been actively registered as a landscape architect in Texas or in another jurisdiction for at least twenty (20) years and has retired from the practice of Landscape Architecture may use the title "Emeritus Landscape Architect" or "Landscape Architect Emeritus" after filing the appropriate form with the Board. Nonregistrants may not use the title "Emeritus Landscape Architect" or "Landscape Architect Emeritus."

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 2, 2002.

TRD-200202070

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: May 12, 2002

For further information, please call: (512) 305-8535


Chapter 5. INTERIOR DESIGNERS

Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION

22 TAC §5.78

The Texas Board of Architectural Examiners proposes an amendment to rule §5.78 for Title 22, Chapter 5, Subchapter D, pertaining to inactive status for certificates of registration. The existing rule provides an inactive registration status for interior designers, prohibits inactive registrants from practicing interior design and from using the title " interior designer" or the term "interior design" to describe themselves or their work, and provides for the suspension or revocation of the registration and/or for a fine of up to $1,000 for each day that an inactive registrant has practiced interior design or used a form of the title " interior designer" or the term "interior design" improperly. It prohibits an inactive registrant from using or displaying his/her interior design seal, registration certificate, or pocket card. It requires an inactive registrant to pay an annual fee. It sets forth the procedures for returning an inactive registration to active status. It requires an inactive registrant whose registration has been inactive for five years or longer to successfully complete all sections of the current registration examination before returning to active status or furnish evidence that the inactive registrant currently holds an interior design registration in another jurisdiction with registration requirements that are substantially equivalent to Texas requirements. It sets forth the reasons for rejecting an application to return to active status. The amendment to this rule is intended to allow inactive registrants to use the title "interior designer" and to allow an inactive interior designer who has been actively engaged in the practice of interior design for at least 20 years and actively registered as an interior designer in Texas or in another jurisdiction for at least 10 of the 20 years and has retired from the practice of interior design to use the title "Emeritus Interior Designer" or "Interior Designer Emeritus."

Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the section is in effect, no significant fiscal implications for state or local government are expected as a result of enforcing or administering the sections.

Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the sections are in effect the public benefits expected as a result of the new rule are that the rule will better reflect the statutory provision that is its basis and that a retired interior designer will not have to maintain an active registration in order to continue to use the title "interior designer."

No significant impact on small business is expected. There is expected to be no significant change in the cost to persons required to comply with the section.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The amendment is proposed pursuant to Section 5(d) and Section 13A of Article 249e, Vernon's Texas Civil Statutes which provide the Texas Board of Architectural Examiners with authority to promulgate rules, including rules related to inactive status.

The proposed amendment to this section does not affect any other statutes.

§5.78.Inactive Status.

(a) An Interior Designer whose registration is [ active and ] in good standing may apply for Inactive [ inactive ] registration status on a form prescribed by the Board. [ Board before the expiration date of the registration. ]

(b) An Inactive Interior Designer may not practice Interior Design. If an Inactive Interior Designer engages in the practice of Interior Design, the Inactive Interior Designer's registration may be suspended or revoked and the Inactive Interior Designer may be fined as allowed by the Interior Designers' Registration Law for each day that the Inactive Interior Designer has engaged in the practice of Interior Design. [ An inactive registrant may not practice interior design or use the title "interior designer" to describe the registrant or the term "interior design" to describe the registrant's work. If an inactive registrant practices interior design or uses the title "interior designer" or the term "interior design" improperly, the inactive registrant's registration may be suspended or revoked and the inactive registrant may be fined up to $1,000 for each day that the inactive registrant has practiced interior design or used the title "interior designer" or the term "interior design" improperly. ]

(c) An Inactive Interior Designer [ inactive registrant ] shall not use or display his/her interior design seal [ seal, registration certificate, or pocket card ] during any period that his/her registration is Inactive. [ inactive. ]

(d) An Inactive Interior Designer [ inactive registrant ] shall pay an annual fee as prescribed by the Board.

(e) In order to return his/her registration to active status, an Inactive Interior Designer [ inactive registrant ] must:

(1) apply on a form prescribed by the Board;

(2) either submit proof that he/she has completed all continuing education requirements for each year the registration has been Inactive if continuing education was required for that year [ inactive ] or, in lieu of completing the outstanding continuing education requirements, successfully complete all sections of the current registration examination during the five (5) years immediately preceding the return to active status; and

(3) pay a fee as prescribed by the Board.

(f) An Inactive Interior Designer [ inactive registrant ] whose registration has been Inactive [ inactive ] for a continuous period of five (5) years or longer must do the following before the Inactive Interior Designer [ inactive registrant ] may return to active status:

(1) successfully complete all sections of the current registration examination during the five (5) years immediately preceding the return to active status; or

(2) furnish evidence that the Inactive Interior Designer [ inactive registrant ] currently holds an interior design registration in another jurisdiction where the registration requirements are substantially equivalent to Texas interior design registration requirements and that the current interior design registration is [ active and ] in good standing.

(g) Applications to return to active status may be rejected for any of the reasons that an initial application for registration may be rejected or that a registration may be revoked.

(h) The Board may require that applications [ an application ] to return to active status include verification that the applicant [ Applicant ] has complied with the laws governing the registration of interior designers.

(i) An Inactive Interior Designer who has been actively engaged in the practice of Interior Design for at least twenty (20) years and actively registered as an interior designer in Texas or in another jurisdiction for at least ten (10) of the twenty (20) years and has retired from the practice of Interior Design may use the title "Emeritus Interior Designer" or "Interior Designer Emeritus" after filing the appropriate form with the Board. Nonregistrants may not use the title "Emeritus Interior Designer" or "Interior Designer Emeritus."

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 2, 2002.

TRD-200202071

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: May 12, 2002

For further information, please call: (512) 305-8535


Part 28. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS

Chapter 651. FEES

22 TAC §651.2

The Executive Council of Physical Therapy and Occupational Therapy Examiners proposes an amendment to §651.2, Physical Therapy Board Fees. The amendment will increase facility renewal fees in support of the state's development of an electronic profile system for certain healthcare practitioners and facilities.

John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Mr. Maline also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be easier access to more online services and information. There will be a minimal effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.

Comments on the proposed amendment may be submitted to Nina Hurter, PT Coordinator, Executive Council of Physical Therapy and Occupational Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas 78701; e-mail: nhurter@mail.capnet.state.tx.us.

The amendment is proposed under Title 3, Subtitle H, Chapter 452, Occupations Code, which provides the Executive Council of Physical Therapy and Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subtitle H, Chapter 452, Occupations Code is affected by this amended section.

§651.2.Physical Therapy Board Fees.

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

(g) Inactive to Active License (Reactivation) .

(1) - (2) (No change.)

(h) - (j) (No change.)

(k) Facility Renewal.

(1) First facility-- $305 [ $300 ].

(2) Additional site-- $105 [ $100 ].

(l) - (m) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 1, 2002.

TRD-200202058

John P. Maline

Executive Director

Executive Council of Physical Therapy and Occupational Therapy Examiners

Earliest possible date of adoption: May 12, 2002

For further information, please call: (512) 305-6900