TITLE 22.EXAMINING BOARDS

PART 22. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY

CHAPTER 511. ELIGIBILITY

SUBCHAPTER C. EDUCATIONAL REQUIREMENTS

22 TAC §511.58

The Texas State Board of Public Accountancy adopts an amendment to §511.58, concerning Definitions of Related Business Subjects, without changes to the proposed text as published in the June 12, 2009, issue of the Texas Register (34 TexReg 3907) and will not be republished.

The section clarifies courses that the Board may consider in meeting the definition of business coursework for the CPA examination.

The amendment attempts to insure that individuals teaching college level ethics courses not have a history of having been disciplined by the Board or other state or federal licensing agencies.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 23, 2009.

TRD-200903039

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 12, 2009

Proposal publication date: June 12, 2009

For further information, please call: (512) 305-7842


CHAPTER 523. CONTINUING PROFESSIONAL EDUCATION

SUBCHAPTER B. CONTINUING PROFESSIONAL EDUCATION RULES FOR INDIVIDUALS

22 TAC §523.120

The Texas State Board of Public Accountancy adopts an amendment to §523.120, concerning Standards for CPE Reporting, without changes to the proposed text as published in the June 12, 2009, issue of the Texas Register (34 TexReg 3909) and will not be republished.

The section clarifies for licensees when and how they obtain credit for courses from sponsors that are not registered.

The amendment will modify the rule to reflect that the licensee is responsible for retaining documentation.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 23, 2009.

TRD-200903040

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 12, 2009

Proposal publication date: June 12, 2009

For further information, please call: (512) 305-7842


SUBCHAPTER C. ETHICS RULES: INDIVIDUALS AND SPONSORS

22 TAC §523.132

The Texas State Board of Public Accountancy adopts an amendment to §523.132, concerning Board Contracted Ethics Instructors, without changes to the proposed text as published in the June 12, 2009, issue of the Texas Register (34 TexReg 3910) and will not be republished.

This section establishes a waiver for disciplined licensees to teach ethics courses.

The amendment will permit the public to be taught ethics courses when the disciplinary violation is a minor infraction.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 23, 2009.

TRD-200903043

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 12, 2009

Proposal publication date: June 12, 2009

For further information, please call: (512) 305-7842


SUBCHAPTER D. STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS

22 TAC §523.143

The Texas State Board of Public Accountancy adopts an amendment to §523.143, concerning Sponsor's Record, without changes to the proposed text as published in the June 12, 2009, issue of the Texas Register (34 TexReg 3911) and will not be republished.

The section requires the sponsor of a continuing professional education program to provide and retain notice of the course and its promotional materials.

The amendment will assure the integrity of the continuing professional education program.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 23, 2009.

TRD-200903041

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 12, 2009

Proposal publication date: June 12, 2009

For further information, please call: (512) 305-7842


CHAPTER 527.PEER REVIEW

22 TAC §527.10

The Texas State Board of Public Accountancy adopts an amendment to §527.10, concerning Peer Review Report Committee, without changes to the proposed text as published in the June 12, 2009, issue of the Texas Register (34 TexReg 3912) and will not be republished.

The amendment will update the rule to reflect the new pass rating for firms.

The section informs licensees and the public of the standards for reviewing attest work.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 23, 2009.

TRD-200903042

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 12, 2009

Proposal publication date: June 12, 2009

For further information, please call: (512) 305-7842


PART 40.ADVISORY BOARD OF ATHLETIC TRAINERS

CHAPTER 871. ATHLETIC TRAINERS

SUBCHAPTER A. GENERAL GUIDELINES AND REQUIREMENTS

22 TAC §§871.4, 871.7 - 871.9, 871.14

The Advisory Board of Athletic Trainers (board) adopts amendments to §§871.4, 871.7 - 871.9, and 871.14 concerning the licensure and regulation of athletic trainers. The amendment to §871.7 is adopted with a change to the proposed text as published in the February 20, 2009, issue of the Texas Register (34 TexReg 1177). Sections 871.4, 871.8, 871.9, and 871.14 are adopted without changes and, therefore, the sections will not be republished.

BACKGROUND AND PURPOSE

The amendments clarify and streamline licensure requirements and procedures for persons who apply to become licensed athletic trainers in Texas. The addition of a jurisprudence examination is designed to educate and to ensure the proper practice of licensed athletic trainers.

Specifically, the adopted amendments remove the references to the board's mailing address; establish the requirement of a jurisprudence examination; restrict the setting at which a student athletic trainer shall accumulate apprenticeship hours; eliminate the requirement of an applicant to take both the written and oral exams if the applicant has failed either portion three times; and set a time limit in which an applicant must apply for examination after the applicant's degree has been conferred.

SECTION-BY-SECTION SUMMARY

The amendments to §871.4 and §871.14 remove the references to the board's mailing address, which has changed.

The amendment to §871.7 establishes the requirement that applicants for a license must complete a jurisprudence examination.

The amendment to §871.8 establishes the requirement that a student athletic trainer who has graduated cannot accumulate apprenticeship hours at the same setting where the student athletic trainer is employed.

Amendments to §871.9 remove the requirement of an applicant to take the written and oral exams if the applicant has failed either portion three times, and set a time limit in which an applicant must apply for examination after the applicant's degree has been conferred.

COMMENTS

The board did not receive any public comments regarding the proposed rules during the comment period. However, board staff provided comments and the board has reviewed and adopts the following change that will clarify the rules.

Change: Concerning §871.7(j), the date of January 1, 2010 was added as an implementation date for the board's requirement of the applicant to provide proof of completing the jurisprudence examination prior to application for a license.

STATUTORY AUTHORITY

The amendments are adopted under Occupations Code, §451.103, which authorizes the board to adopt rules necessary for the performance of its duties.

§871.7.Qualifications.

(a) Applicants qualifying under the Act, §451.153(a)(1) shall hold a baccalaureate or post-baccalaureate degree and one of the following:

(1) current licensure, registration, or certification as an athletic trainer issued by another state, jurisdiction, or territory of the United States; or

(2) current national certification as an athletic trainer issued by the National Athletic Trainers Association Board of Certification (NATABOC).

(b) In place of the requirements in subsection (a) of this section, applicants qualifying under the Act, §451.153(a)(1) shall have:

(1) a baccalaureate or post-baccalaureate degree which includes at least 24 hours of combined academic credit from each of the following course areas:

(A) human anatomy;

(B) health, disease, nutrition, fitness, wellness, emergency care, first aid, or drug and alcohol education;

(C) kinesiology or biomechanics;

(D) physiology of exercise;

(E) athletic training, sports medicine, or care and prevention of injuries;

(F) advanced athletic training, advanced sports medicine, or assessment of injury; and

(G) therapeutic exercise or rehabilitation or therapeutic modalities; and

(2) an apprenticeship in athletic training meeting the following requirements:

(A) the program shall be under the direct supervision of and on the same campus as a Texas licensed athletic trainer, or if out-of-state, the college or university's certified or state licensed athletic trainer;

(B) the apprenticeship must be a minimum of 1,800 hours. It must be based on the academic calendar and must be completed during at least five fall and/or spring semesters. Hours in the classroom do not count toward apprenticeship hours;

(C) the hours must be completed in college or university intercollegiate sports programs. A maximum of 600 hours of the 1,800 hours may be accepted from an affiliated setting which the college or university's athletic trainer has approved. No more than 300 hours may be earned at one affiliated setting. These hours must be under the direct supervision of a licensed physician, licensed or certified athletic trainer, or licensed physical therapist;

(D) 1,500 hours of the apprenticeship shall be fulfilled while enrolled as a student at a college or university; and

(E) the apprenticeship must offer work experience in a variety of sports. It shall include instruction by the college or university's athletic trainer in prevention of injuries, emergency care, rehabilitation, and modality usage.

(c) In place of the requirements in subsections (a) and (b) of this section, applicants qualifying under the Act, §451.153(a)(1) shall have a baccalaureate or post-baccalaureate degree in athletic training from a college or university which held accreditation, during the applicants matriculation at the college or university and at the time the degree was conferred, from a nationally recognized accrediting organization that is approved by the board.

(d) Applicants qualifying under the Act, §451.153(a)(2) or §451.153(a)(3) shall have a baccalaureate or post-baccalaureate degree or a state issued certificate in physical therapy or a baccalaureate or post-baccalaureate degree in corrective therapy with at least a minor in physical education or health. Applicants who hold such degrees must complete three semester hours of a basic athletic training course from an accredited college or university. An applicant shall also complete an apprenticeship in athletic training meeting the following requirements.

(1) The program shall be a minimum of 720 hours. It must be based on the academic calendar and must be completed during at least three fall and/or spring semesters. The hours must be under the direct supervision of a college or university's Texas licensed athletic trainer or if out-of-state, the college or university's certified or state licensed athletic trainer. The apprenticeship includes a minimum of 360 hours per year. Hours in the classroom do not count toward apprenticeship hours.

(2) Actual working hours shall include a minimum of 20 hours per week during each fall semester. A fall semester includes pre-season practice sessions. The apprenticeship must offer work experience in a variety of sports.

(3) The apprenticeship must be completed in a college or university's intercollegiate sports program. A maximum of 240 hours of the 720 hours may be earned at a collegiate, secondary school, or professional affiliated setting which the college or university's athletic trainer has approved. No more than 120 hours may be earned at one affiliated setting.

(e) Certification required. An applicant must have:

(1) a current adult cardiopulmonary resuscitation certificate; or

(2) current certification for emergency medical services (EMS) with the Department of State Health Services.

(f) The relevance to the licensing requirements of academic courses, the titles of which are not self-explanatory, must be substantiated through course descriptions in official school catalogs or bulletins or by other means acceptable to the board.

(g) The board shall not accept courses which an applicant's transcript indicates were not completed with a passing grade for credit.

(h) Documentation of the apprenticeship program must be provided by completion of the proper forms prescribed by the board.

(i) Each applicant must have a baccalaureate or post-baccalaureate degree from a college or university which held accreditation, at the time the degree was conferred, from an accepted regional educational accrediting association reported by the American Association of Collegiate Registrars and Admissions Officers.

(j) Beginning January 1, 2010, applicants for a license must complete the board's jurisprudence examination and submit proof of completion at the time of application. The jurisprudence examination must have been completed no more than six months prior to the date of application.

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 July 27, 2009.

TRD-200903167

David Weir

Chair

Advisory Board of Athletic Trainers

Effective date: August 16, 2009

Proposal publication date: February 20, 2009

For further information, please call: (512) 458-7111 x6972