Part 4.
TEXAS COSMETOLOGY COMMISSION
Chapter 89.
GENERAL RULES AND REGULATIONS
22 TAC §§89.5, 89.30, 89.54, 89.56
The Texas Cosmetology Commission proposes amendments to §§89.5,
89.30, 89.54 and 89.56, concerning License Fees, Examination Applications,
Independent Contractor/Booth Rental License and Administrative Processing
Fees.
The amendments to §89.5 and §89.54 are necessary because a portion
of the proposed increase in fees responds to the Legislative mandate to the
Commission to participate in Texas Online Authority activities. In regards
to §89.5, specifically, the increased fees will cover the costs of creating
and maintaining the ability for hands-on licensees to renew licenses on line,
with the exception of the on-going problem with health certificates required
by §§1602.253 and 1602.353.
Another portion of the proposed increase in fees addresses the requirement
(in rider 10, page VIII-16 of the General Appropriations Act) for assessing
fees sufficient to generate, during the 2002-03 biennium, $122,763 in excess
of $12,406,000 (Object Code 3175) contained in the Comptroller of Public Accounts'
Biennial Revenue Estimate for fiscal years 2002 and 2003.
Section 89.30 is being amended because currently, when an examinee fails
to give timely notice or no notice at all that the examinee cannot appear
on the day scheduled for the examinee's examination, it is almost always too
late to schedule another examinee for the available slot. A $50 retest fee
is intended to encourage the examinee to give timely notice so that fewer
examinees have to be either rescheduled or delayed in taking the examination.
The amendment to §89.56 is necessary because changes to the rule are
intended to clarify that the Commission accepts personal checks.
Mr. Henry O'Neal Holifield, Executive Director, Texas Cosmetology Commission,
has determined that for the first five-year period the rules are in effect,
there will be no fiscal implications for state or local government as a result
of enforcing or administering the rules.
Mr. Holifield also has determined that for each year of the first five
years the rules are in effect, the public benefit anticipated as a result
of enforcing the rules will be clear, concise and updated rules. There will
be no effect on small and micro businesses. There will be additional fees
imposed on licensees who are required to comply with the rules as proposed.
Comments regarding the proposed amendments may be submitted to: Ms. Angelia
Boyd, Director of Administration, Texas Cosmetology Commission, P.O. Box 26700,
Austin, TX 78755-0700
The amendments are proposed under the Occupations Code, §1602.151.
General Powers and Duties of Commission, which provides the commission with
the authority to "adopt rules consistent with this chapter", to protect the
public's health and safety and §1602.154. Fees, which provides the commission
with the authority to "set fees, including renewal fees for licenses and certificates
issued under this chapter, in amounts reasonable and necessary to cover the
cost of administering this chapter. The commission shall assess the fees against
each person licensed or regulated under this chapter".
No other statutes, articles or codes are affected by the proposed amendments.
§89.5.License Fees.
(a)
The fees pertain to the following licensees at all times:
(1)
Individual
Licensees
[
(2)
Instructor
Licensees
[
(3)
Salon
Licensees
[
(4)
Independent Contractor
Licensees
:
$65
[
(b)
The fee to issue a duplicate license for all licensees
[
(c)
All
individual and instructor
licensees are
required to submit a health certificate, not more than one year old, in addition
to the proper renewal fee.
(d)
All licensees other than salons or private beauty culture,
vocational cosmetology, and post secondary schools must notify the commission
not later than 10 days following any change of address. The commission may
send all notices on other information required by the Cosmetology Act or any
commission rule to any licensee's last known address on file with the commission.
§89.30.Examination Applications.
Application for examination must be filed and processed and the examinee
will be notified 10 days prior to his/her examination date. The examination
application consists of the verification of the applicant's completion of
the total hours and practical applications required, a statement that the
agreed tuition and fees have been tendered, or arrangements made to tender
the agreed tuition and fees, a current health certificate, not more than one
year old, and a current photograph. A copy of the student permit and photograph
must be posted in the school should the student continue to attend to accrue
hours between the time of application and date scheduled for exam. The applicant
for examination will be required to furnish a picture I.D. that includes the
date of birth prior to the exam from one of the following: valid driver's
license, a Texas Department of Public Safety identification card, a military
identification card, a high school identification card, or a resident alien
card. No other proof will be accepted. Students holding dates scheduled for
exam who do not appear without a seven-day notice to the commission of cancellation
may be denied scheduling for at least 60 days[
§89.54.Independent Contractor/Booth Rental License.
(a)
Before an independent contractor may practice, he/she must
make application and obtain a booth rental salon license, the current T.C.C.
Rules and Regulations book, and have a minimum area of 30 sq. ft. clearly
defined, not including the common area, that is his/her responsibility as
far as sanitation is concerned.
(1)
Independent contractor in a cosmetology salon requirements:
(A)
one work station;
(B)
one styling chair;
(C)
one wet disinfectant soaking container;
(D)
one dry storage container for disinfected implements;
(E)
covered trash container.
(2)
Independent contractor in a facial salon:
(A)
one facial couch or facial chair;
(B)
one wet disinfectant soaking container;
(C)
one dry storage container for disinfected implements;
(D)
one mirror, wall hung, or one hand held mirror;
(E)
covered trash can.
(3)
Independent contractor in a manicure salon:
(A)
one manicure table with light;
(B)
one manicure stool;
(C)
one professional type chair;
(D)
one wet disinfectant soaking container;
(E)
one dry storage container for disinfected implements;
(F)
covered trash can.
(b)
Applicant must comply with all state and federal guidelines
for independent contractors.
(c)
An independent contractor may do any service in a licensed
beauty salon, or specialties in a licensed specialty salon, provided they
are properly licensed.
(d)
The original and renewal Booth Rental license fee shall
be
$65
[
(e)
An independent contractor practicing cosmetology in more
than one location must exhibit an original booth rental license or a duplicate
issued by T.C.C. at each location.
(f)
An independent contractor must post in a location visible
at all times the following information. It must be posted on the outside of
the booth or the door where it can be read by visitors or prospective clients:
(1)
operator's name;
(2)
operator's license number;
(3)
hours of business.
(g)
The lessor to an independent contractor must maintain a
list of all renters that includes:
(1)
name of renter;
(2)
cosmetology license number of the renter;
(3)
hours of business of the renter.
(h)
The lessor must supply the inspector with a list of renters
upon request. Failure to provide the list can result in a violation of such
significance to require a hearing.
§89.56.Administrative Processing Fees.
All schools, salons, independent contractors, and licensees will be
held responsible for the following.
(1)
Submitting incorrect material will result in a $10 processing
fee per submittal.
(2)
The commission does not accept personal checks. Personal
checks sent to the commission will be returned and a $10 processing fee will
be charged.
(3)
School business checks, money orders,
personal checks
and cashier's checks are acceptable.
Dishonored
[
(4)
If personal checks are returned to the sender resulting
in acceptable payment being after the deadline, the license will be assessed
the late charge fee. Acceptable payment procedure must be completed before
the published deadline for the license.
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 May 13, 2002.
TRD-200202948
Henry O'Neal Holifield
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 380-9618
Chapter 329.
LICENSING PROCEDURE
22 TAC §329.1
The Texas Board of Physical Therapy Examiners proposes amendments
to §329.1, concerning General Licensure Requirements and Procedures.
The amendments will bring the Board's educational requirements into agreement
with the latest standards set by the Commission on Accreditation of Physical
Therapy Education (CAPTE).
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 the assurance that therapists licensed in Texas have equivalent
educational backgrounds. There will be no 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, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite
2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendment is proposed under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical 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 453, Occupations Code is affected by this
amendment.
§329.1.General Licensure Requirements and Procedures.
(a)
Requirements. All applications for licensure shall include:
(1)
a completed, notarized board application form with a recent
color photograph of the applicant;
(2)
the non-refundable application fee as set by the executive
council;
(3)
a successfully completed board jurisprudence exam on the
Texas Physical Therapy Practice Act and board rules; and
(4)
documentation of academic qualifications.
(A)
For applicants who completed their physical therapy education
in the U.S., the documentation required is:
(i)
an official transcript showing completion of an accredited
physical therapy or physical therapist assistant program, as provided in §453.203
of the Act. For applicants applying for a physical therapist license, official
transcripts must show completion of an entry-level program [
(ii)
a photocopy of the diploma or certificate awarded, showing
graduation from a PT or PTA program; or
(iii)
a statement signed by the program director or other authorized
school official, with the school seal affixed, stating that the applicant
has successfully completed the PT or PTA program.
(B)
For applicants who completed their physical therapy education
outside of the US, the documentation required is [
(b) - (h)
(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 May 13, 2002.
TRD-200202960
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 305-6900
22 TAC §329.5
The Texas Board of Physical Therapy Examiners proposes amendments
to §329.5, concerning Licensing Procedures for Foreign-trained Applicants.
The amendments will bring the Board's educational requirements into agreement
with the latest standards set by the Commission on Accreditation of Physical
Therapy Education (CAPTE).
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 the assurance that therapists licensed in Texas have equivalent
educational backgrounds. There will be no effect on small businesses. Persons
who are required to comply with the rule as proposed may incur expenses for
additional college coursework.
Comments on the proposed amendment may be submitted to Nina Hurter, PT
Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite
2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendment is proposed under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical 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 453, Occupations Code is affected by this
amendment.
§329.5.Licensing Procedures for Foreign-trained Applicants.
(a) - (g)
(No change.)
(h)
Guidelines for board-approved education credentialing entities.
(1)
The credentialing entity will review all of an applicant's
post-secondary professional education credentials earned outside of the United
States. The entity will evaluate allowable transfer credit for the 13th year
based on recommendations of the National Council on the Evaluation of Educational
Credentials or on current published reference materials. The applicant must
have completed, with a passing grade of A, B, C, Pass or Credit, 60 semester
hours credit or the equivalent in general education courses including courses
in biological, social and physical sciences from an accredited institution
of higher learning. This requirement may be met by credits earned at U.S.
colleges or universities, by College Level Examination Program (CLEP) credits,
or Advanced Placement (AP) according to standards of the American Council
on Education. The number of credits earned by CLEP or AP may not exceed 12
semester credits.
(2)
The credentialing entity must attest that the institution
attended by the applicant has the recognition of the Ministry of Education
or the equivalent in that country.
(3)
All foreign-trained applicants must demonstrate the ability
to communicate in English by making the minimum score accepted by the board
on the following exams: Test of English as a Foreign Language (TOEFL), 580
(237 if computer-based test); Test of Written English (TWE), 5.0; Test of
Spoken English (TSE), 55. If an applicant makes a score of 50 on the TSE,
the board will allow the applicant to submit three original, notarized letters
of recommendation from individuals who have practical knowledge of the applicant's
ability to communicate successfully in spoken English. Individuals who provide
this written testimony must be native English speakers, cannot be related
by blood or marriage to the applicant, and at least one of the letters must
be from a PT licensed to practice in Texas. These letters must be submitted
by their authors directly to the board. At the board's discretion, the letters
may be considered satisfactory evidence of proficiency in spoken English.
The Board may grant an exception to the English language proficiency exams
to an applicant who submits satisfactory proof that he/she is a citizen or
lawful permanent resident of the United States, and has attended 4 or more
years of secondary or post-secondary education in the U.S.
(4)
The credentialing entity must attest that the applicant
is or was licensed or authorized to practice in the country in which the entry-level
degree in physical therapy was granted. If there is no licensure or authorization
in such country, the applicant must be eligible for unrestricted practice
there.
(A)
If the application is by examination, the license or authorization
in such country must be in good standing and the licensure current.
(B)
If the application is by endorsement, and the applicant
has passed the exam according to Texas standards, the license or other authorization
must have been in good standing at the time the license or authorization in
such country expired.
(5)
The credentialing entity adopts the policy of "scaling"
as defined by the National Council on the Evaluation of Foreign Educational
Credentials, American Association of Collegiate Registrar and Admissions Officers,
Washington D.C.; i.e., a year of foreign study is worth no more than a year
of American study, regardless of contact hours, or general education is converted
to equate to approximately 30-32 United States semester credit hours per year,
and professional education to approximately 36 semester credit hours per year.
(6)
The credentialing entity must use a method to convert classroom
hours to semester units which has a ratio no greater than the following: 15
contact lecture hours = one semester unit/hour; 55 contact laboratory hours
= one semester unit/hour. When lecture/lab hours are not delineated on the
transcript, the evaluator may use an appropriate ratio and indicate the ratio
used in the evaluation.
(7)
The credentialing entity must list and assign a grade for
each course taken by the applicant, by assigning the grade of A, B, C, D,
F, Pass, Fail, Credit or No Credit. Those grades assigned by the credentialing
entity must be the grades that are converted to the U.S. equivalent, in accordance
with the most current version of the National Association for Foreign Student
Affairs Handbook on the Placement of Foreign Graduate Students. The credentialing
entity must identify and list those courses which would not transfer to the
U.S. as a C or above or Pass or Credit in accordance with the most current
version of the National Association for Foreign Student Affairs Handbook on
the Placement of Foreign Graduate Students. An applicant must earn a grade
of A, B, C, or Pass or Credit in any professional physical therapy education
courses. An applicant with a grade of D, F, Fail, or no credit appearing for
a professional physical therapy education course on his/her evaluation who
has not successfully retaken the course with a grade of A, B, C, Pass or Credit
is not eligible for licensure in Texas.
(8)
The credentialing entity must attest that the applicant
has successfully completed an educational program equivalent to U.S. programs
accredited by the Commission on Accreditation of Physical Therapy Education
(CAPTE) and has earned the equivalent of a minimum of 72 semester hours of
professional physical therapy education. The applicant must have completed
courses in each of the following areas: basic sciences, clinical science,
and physical therapy theory and procedures. The applicant must have also successfully
completed United States required equivalent courses/hours (no less than eight
and will receive credit for no more than 15 U.S. semester credit hours at
the Upper Division Level) in clinical education. If the applicant has completed
the required course work in clinical education but the transcript does not
reflect the required credit hours then the credentialing entity may use the
conversion formula of 55 contact hours per one semester credit.
(9)
The credentialing entity must
certify that the program awards a degree equivalent in level and purpose to
the degree awarded by regionally accredited colleges and universities in the
United States. If the degree is granted on or before December 31, 2002, it
must be equivalent to at least a baccalaureate degree awarded by a CAPTE-accredited
program. If the degree is granted on January 1, 2003 or later, the degree
awarded must be equivalent to a post-baccalaureate degree awarded by a CAPTE-accredited
program.
[
(10)
If the degree awarded is equivalent
to a degree in Physical Therapy as awarded by CAPTE-accredited programs in
regionally accredited colleges and universities in the United States, the
credentialing entity must use the approved evaluation checklist when considering
an applicant's credentials. Deficiencies must be identified and must show
the subjects and credit hours necessary to satisfy the requirements of the
evaluation checklist. If the degree received is from a CAPTE-accredited program
located outside the US, the program is considered equivalent to a domestic
CAPTE-accredited Physical Therapy program, and the applicant is exempt from
meeting the requirements of the evaluation checklist.
[
(11)
The credentialing entity must submit to the board the
resumes of any and all credential analysts and the physical therapy consultants
involved in the evaluation of foreign-trained applicants for licensure in
Texas. This must be submitted to the council at least 30 days prior to any
analysis performed by that person.
(12)
The credentialing entity must submit to the board a board-approved
form, properly signed and notarized, in which it agrees to use the board's
guidelines to evaluate transcripts of applicants seeking licensure in Texas.
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 May 13, 2002.
TRD-200202962
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 305-6900
Chapter 361.
ADMINISTRATION
Subchapter A. GENERAL PROVISIONS
licenses
]:
$53
[
$43
]
licenses
]:
$70
[
$60
]
licenses
]:
$65
[
$55
]
$55
]
and establishments
] is
$53
[
$43
].
.
]
and may be
assessed a $50 examination reschedule fee, in the absence of an acceptable
excuse for having failed to notify the commission that the student could not
appear on the date scheduled.
$55
] and shall be valid for two years from date
of issue. If a booth rental license is delinquent for less than 30 days, the
delinquency fee shall be $10, over 30 days the delinquency fee shall be $35.
Insufficient
fund school
] checks will result in a
$25
[
$30
]
return check fee being charged to the
issuer
[
school
].
The second check sent to the commission must be for the correct amount, with
a $25 money order, cashier's check, or bank check. If a second check is
dishonored
[
returned insufficient
], an additional $25 [
insufficient
] charge will be assessed. No services will be performed
until the required fees are paid and in good standing.
Part 16.
TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
of at least
4 years
], and completion of 60 semester hours in general education,
from an accredited college or university; and
an evaluation by a
board-approved credentialing entity, as
]set out in §329.5 of this
title (relating to Licensing Procedure for Foreign-trained Applicants).
(9)
The credentialing entity must
certify that the program covers at least four years of full-time post-secondary
study and awards a degree equivalent in level and purpose to the Bachelor
of Science in Physical Therapy, as awarded by regionally accredited colleges
and universities in the United States. ]
(10)
If the degree received is
equivalent to a four-year Bachelor of Science degree in Physical Therapy as
awarded by regionally accredited colleges and universities in the United States,
the credentialing entity must use the approved evaluation checklist when considering
an applicant's credentials. Deficiencies must be identified and must show
the subjects and credit hours necessary to satisfy the requirements of the
evaluation checklist. If the degree received is from a CAPTE-accredited program,
it is considered equivalent to a U.S. Bachelor of Science degree in Physical
Therapy, and the applicant is exempt from meeting the requirements of the
evaluation checklist.]
Part 17.
TEXAS STATE BOARD OF PLUMBING EXAMINERS