Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 313. Athletic Trainers General Requirements and Guidelines 25 TAC sec.313.6 The Advisory Board of Athletic Trainers (board) adopts on an emergency basis an amendment to sec.313.6, concerning apprenticeship requirements for student trainers. The amendment clarifies the activities a student trainer may perform as part of the athletic training requirements of a college or university approved by the board and not be in violation of the Athletic Trainers Act (Act), sec.8. The emergency action is necessary to clarify the activities a student trainer may perform as part of the athletic training requirements of a college or university approved by the board and not be in violation of the Act, sec.8. An imminent peril to public health, safety, or welfare exists in that unlicensed student trainers will be utilized in various athletic training settings this summer and both the student trainers and the public need to be aware as soon as possible of the appropriate supervised settings in which a student trainer would be legally able to be used. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 4512d, sec.5, which provide the Advisory Board of Athletic Trainers with the authority to adopt rules to implement its statutory duties; and Article 6252-13a, sec.5, which provide the board with the authority to adopt emergency rules. sec.313.6. Apprenticeship Requirements. (a) (No change.) (b) A student trainer may perform the activities of an athletic trainer only under the following circumstances. (1) A student shall be considered to be performing the activities of an athletic trainer under the Athletic Trainers Act (Act), sec.9(1), and not in violation of the Act, sec.8, if the student is performing the activities: (A) as part of the apprenticeship hours described in subsection (c) of this section; or (B) as follows: the student's supervising college or university licensed athletic trainer has approved, referred, sent, or directed the student to a setting other than with the student's school's intercollegiate athletes; the setting is with another college or university, a high school, a professional athletic team, or a health care clinic; and the student is directly supervised in the setting by a licensed athletic trainer. (2) Hours which fall under paragraph (1)(B) of this subsection shall not be counted as apprenticeship hours under this section since the hours will not be under the direct supervision of the college or university's licensed athletic trainer and are not with the school's intercollegiate athletes. [(b)] Applicants for examination must satisfactorily complete an apprenticeship in athletic training approved by the board. (1) The apprenticeship guidelines for applicants qualifying under the Act, sec.9(1), are as follows. (A) The program shall be a minimum of three academic years (fall-spring semesters) under the direct supervision of and on the same campus as the college or university's full-time Texas licensed athletic trainer, or if out-of-state, the college or university's full-time NATA certified or state licensed trainer. The full-time athletic trainer must be an employee of the college or university and shall not be an outside consultant or independent contractor. A total of 1,800 clock hours are required. (B) The apprenticeship shall be fulfilled while enrolled as a student at the college or university where the apprenticeship is being served. (C) The apprenticeship must be a minimum of 600 clock hours per academic year under the direct supervision of the Texas licensed athletic trainer or if out- of-state, the NATA certified or state licensed trainer, on the field and in the training rooms used for clinical and rehabilitative purposes by the school's intercollegiate athletes. The apprenticeship must offer work experiences in a variety of sports, and include instruction by the supervising trainer in physical rehabilitations, use of modalities, emergency care, and prevention of injuries. Hours in excess of 600 per year are not cumulative. Hours in the classroom do not count toward apprenticeship hours. (2) The apprenticeship guidelines for applicants qualifying under the Act, sec.9(2) and (3) are as follows. (A) The program shall be a minimum of 720 hours over a two-year period under the direct supervision of and on the same campus as the college or university's full-time Texas licensed athletic trainer or if out-of-state, the college or university's full-time NATA certified or state licensed trainer. It must include a minimum of 360 hours per year. Only hours accumulated in fall or spring semesters shall be counted. Hours in excess of 360 per year are not cumulative. (B) Actual working hours shall include a minimum of 20 hours per week during each fall semester. A fall semester may include all pre-season practice sessions immediately preceding the opening of school. (C) The apprenticeship shall be completed at a college or university acceptable to the board. It must be served on the field and in the training rooms used for clinical and rehabilitative purposes by that school's student athletes and offer work experiences in a variety of sports. Hours in the classroom do not count toward apprenticeship hours. (3) Documentation of the apprenticeship program must be provided by completion of the proper forms prescribed by the board. [(c)] A person who before the effective date of this section has received approval from the board for an apprenticeship as an athletic trainer is eligible for a license if the person: (1) successfully completes the apprenticeship program in conformance with the rules in effect at the time of the approval; (2) satisfactorily completes the examination administered by the board; (3) pays the required license fee; and (4) has not committed an act that constitutes ground for denial of a license. Issued in Austin, Texas, on May 29, 1992. TRD-9207402 James Glenn Murray Chairman Advisory Board of Athletic Trainers Effective date: June 1, 1992 Expiration date: September 29, 1992 For further information, please call: (512) 834-6615 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part XIII. Texas Commission on Fire Protection Chapter 435. Fire Fighter Safety 37 TAC sec.435.1, sec.435.3 The Texas Commission on Fire Protection adopts on an emergency basis amendments to sec.435.1 and sec.435.3, concerning fire fighter safety. The amended sections provide standards for protective clothing and self-contained breathing apparatus and provide direction to local governments as to applicable standards. The amendments concerning protective clothing are required by the promulgation of a new National Fire Protection Association standard applicable to protective hoods. The amendments concerning self- contained breathing apparatus (SCBA) are mandated by Acts 1991, 72nd Legislature, Chapter 628 (Senate Bill 383), necessitating approval of nationally recognized standards applicable to SCBA. The commission finds an imminent peril to fire fighter safety justifying adoption of these amendments on an emergency basis. The amendments are adopted on an emergency basis under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; the Government Code, sec.419.041, which provides the commission with authority to approve standards for SCBA used by fire protection personnel; and the Government Code, sec.419.042, which provides the commission with authority to adopt standards for protective clothing and SCBA. The employing entity shall: ; (2) ensure that all protective clothing [, except fire fighter boots purchased prior to May 16, 1988,] which are used by fire protection personnel [,] assigned to fire suppression duties, comply with the minimum standards of the National Fire Protection Association [and that all fire fighter boots purchased after May 16, 1988, also comply with the minimum standards of the National Fire Protection Association]; (A) The National Fire Protection Association standard applicable to protective clothing is the standard in effect at the time the entity contracts for new, rebuilt, or used protective clothing. (B) An entity may continue to use protective clothing in use or contracted for before a change in the National Fire Protection Association standard, unless the commission determines that the protective clothing constitutes an undue risk to the wearer, in which case the commission shall order that the use be discontinued and shall set an appropriate date for compliance with the revised standard. (C) Fire fighter boots purchased or contracted for prior to May 16, 1988 are not required to meet the minimum standards for protective clothing. (D) Protective hoods purchased or contracted for prior to August 16, 1991, are not required to meet the minimum standards for protective clothing. (3) (No change.) sec.435.3. Self-contained Breathing Apparatus. The employing entity shall: [is assigned to fire suppression duties]; [does comply with the standards for self-contained breathing apparatus for use by the fire service, set by the National Institute for Occupational Safety and Health or its successor]; (A) The National fire Protection Association standard applicable to a self- contained breathing apparatus is the standard in effect at the time the entity contracts for new, rebuilt, or used self-contained breathing apparatus. (B) An entity may continue to use a self-contained breathing apparatus that meets the requirements of an earlier edition of NFPA 1981, unless the commission determines that the continued use of the self-contained breathing apparatus constitutes an undue risk to the wearer, in which case the commission shall order that the use be discontinued and shall set an appropriate date for compliance with the revised standard. (C) An entity may continue to use a self-contained breathing apparatus in use or contracted for before a change in the National Fire Protection Association standard, unless the commission determines that the continued use of the self- contained breathing apparatus constitutes an undue risk to the wearer, in which case the commission shall order that the use be discontinued and shall set an appropriate date for compliance with the revised standard. [procedures recommended by the National Institute for Occupational Safety and Health or the American National Standards Institute, Inc.]; ; It is recommended that air used to fill cylinders of self-contained breathing apparatus be tested at least every three months. (B) When the fire department purchases compressed breathing air from a vendor, in a vendor supplied self-contained breathing apparatus cylinder, the fire department shall require that the vendor provide certification of compressed breathing air testing that meets the requirements of this chapter. Department of Transportation[. Steel bottles must be tested every five years and composite bottles must be tested every three years]; ; [and] [, during fire suppression operations.] (8) flow test the regulators of all self-contained breathing apparatus annually or as recommended by the manufacturer. The flow test shall be performed in accordance with the manufacturer's recommendations. Issued in Austin, Texas, on May 28, 1992. TRD-9207364 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: May 28, 1992 Expiration date: September 25, 1992 For further information, please call: (512) 873-1700 Chapter 441. Continuing Education 37 TAC sec.441.5, sec.441.7 The Texas Commission on Fire Protection adopts on an emergency basis amendments to sec.441.5 and sec.441.7, concerning continuing education requirements for fire protection personnel. The amendment to sec.441.5 establishes a curative procedure for individuals who fail to comply with continuing education requirements. The amendments to sec.441.7 provide department heads the authority to determine exemptions from continuing education requirements. The commission finds an imminent peril to public health, safety, and welfare because adequate procedures for curative action and exemptions are not outlined in the continuing education requirements already effective. The amendments are adopted on an emergency basis under the Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties and the Government Code, sec.419.032(b), which provides the commission with authority to establish qualifications relating to continuing education programs. sec.441.5. Requirements. (a)-(d) (No change.) (e) Unless exempted from the continuing education requirements, an individual who fails to comply with the continuing education requirements in this chapter shall be notified by the commission of the failure to comply and must complete the following requirements in order to maintain the appropriate certificate: (1) complete the continuing education requirements for the certification period in which the individual failed to comply, within 60 days from the end of that certification period. The administrative head of the department or the training chief shall document to the commission in writing that the individual's continuing education requirements for the certification period in question were met within the 60-day period allowed; or (2) if more than 60 days have passed since the end of the certification period and the continuing education requirements were not met, pass a commission examination pertaining to the discipline or disciplines; or (3) if more than 60 days have passed since the end of the certification period and the continuing education requirements were not met, complete the current requirements, set by the commission for the discipline or disciplines that would be applied to an individual that had not been certified by the commission. sec.441.7. Continuing Education for Structure Fire Protection Personnel. [considered by the commission on an individual basis]. (b) (No change.) Issued in Austin, Texas, on May 28, 1992. TRD-9207366 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: May 28, 1992 Expiration date: September 25, 1992 For further information, please call: (512) 873-1700