25 TAC §§313.1 - 313.17
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Health or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Advisory Board of Athletic Trainers (board)
proposes the repeal of §§313.1 - 313.17, concerning the licensure
and regulation of athletic trainers.
The sections are presently adopted under 25 Texas Administrative Code,
Part 1, Chapter 313 titled "Athletic Trainers." The sections are being proposed
for adoption as new sections under 22 Texas Administrative Code, Part 40,
Chapter 871. The repeal and republication is necessary to move the sections
to a more appropriate location in the Texas Administrative Code.
Government Code, §2001.039, requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). Sections 313.1
- 313.17 have been reviewed and the board has determined that reasons for
adopting the sections continue to exist in that rules on this subject are
needed; however, these rules will be repealed in 25 Texas Administrative Code
and proposed as new sections in 22 Texas Administrative Code.
Revisions were necessary for several reasons. The new sections have been
revised to reflect changes in the statute; to clarify and simplify the rules;
to correct citations; to remove a standard first aid techniques course from
acceptable continuing education; and to require a cardiopulmonary resuscitation
course and an automated external defibrillation course during each continuing
education reporting period, but to not allow them to count toward the required
continuing education hours needed to renew the license. The board finds that
the reasons for adopting the rules continue to exist and proposes to readopt
these rules with changes.
Additionally, the revisions are necessary to implement House Bill 2985,
78th Legislature, 2003, which added Occupations Code, Chapter 101, Subchapter
G, which establishes the Office of Patient Protection within the Health Professions
Council and requires additional fees to fund it; Senate Bill 1152, 78th Legislature,
2003, which amended Government Code, Chapter 2054, to require participation
in Texas Online; House Bill 2292, 78th Legislative Session, 2003, which revised
Health and Safety Code, §12.0111 and §12.0112, and requires two-year
licenses effective January 1, 2005; Senate Bill 161, 78th Legislature, 2003,
which amends Occupations Code, Chapter 451, relating to emergency suspensions;
and to include language relating to the failure to comply with the terms of
a court order relating to the possession of, or access to, a child in accordance
with the requirement of Texas Family Code, Chapter 232 (relating to Suspension
of License).
The board submitted a Notice of Intent to Review for the sections in accordance
with Government Code, §2001.039, agency review of rules. The notice was
published in the August 29, 2003, issue of the
Texas
Register
(28 TexReg 7424). No comments were received as a result of
the publication of this notice.
Heather Muehr, Program Director, Advisory Board of Athletic Trainers, has
determined that for each of the first five years the repeals are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the repeals as proposed.
Ms. Muehr has also determined that for each of the first five years the
repeal is in effect, the public benefit as a result of enforcing or administering
the repeal will be to insure the appropriate regulation of athletic trainers.
There will be no fiscal impact to micro-businesses, small businesses, or persons
who are required to comply with the repeals. There is no anticipated impact
on local employment.
Comments on the proposal may be submitted to Heather Muehr, Program Director,
Advisory Board of Athletic Trainers, Texas Department of Health, 1100 West
49th Street, Austin, Texas, 78756, (512) 834-6615, or Heather.Muehr@tdh.state.tx.us.
Comments will be accepted for 30 days following the date of publication of
this proposal in the
Texas Register
. The rules
are scheduled to take effect on September 1, 2004.
The repeals are proposed under the Occupations Code, §451.103,
which authorizes the Advisory Board of Athletic Trainers to adopt rules necessary
for the performance of its duties.
The repeals affect Occupations Code, Chapter 451. The review of the rules
implements Government Code, §2001.039.
§313.1.Definitions.
§313.2.Scope of Practice.
§313.3.The Board's Operation.
§313.4.Petition for Rulemaking.
§313.5.Processing Applications.
§313.6.Fees.
§313.7.Qualifications.
§313.8.Student Athletic Trainer Activities.
§313.9.Examination for Licensure.
§313.10.Temporary License.
§313.11.License Renewal.
§313.12.Continuing Education Requirements.
§313.13.Guidelines for Conduct.
§313.14.Violations, Complaints, and Disciplinary Actions.
§313.15.Licensing of Persons with Criminal Backgrounds to be Athletic Trainers.
§313.16.Formal Hearings.
§313.17.Suspension of License for Failure to Pay Child Support.
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 24, 2004.
TRD-200403488
Natalie Steadman
Chair, Advisory Board of Athletic Trainers
Texas Department of Health
Earliest possible date of adoption: July 4, 2004
For further information, please call: (512) 458-7236