TITLE 22.EXAMINING BOARDS

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 [ licenses ]: $53 [ $43 ]

(2) Instructor Licensees [ licenses ]: $70 [ $60 ]

(3) Salon Licensees [ licenses ]: $65 [ $55 ]

(4) Independent Contractor Licensees : $65 [ $55 ]

(b) The fee to issue a duplicate license for all licensees [ and establishments ] is $53 [ $43 ].

(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[ . ] 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.

§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 [ $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.

(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 [ 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.

(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


Part 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS

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 [ of at least 4 years ], and completion of 60 semester hours in general education, from an accredited college or university; and

(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 [ 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).

(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.

[ (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 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.

[ (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.]

(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


Part 17. TEXAS STATE BOARD OF PLUMBING EXAMINERS

Chapter 361. ADMINISTRATION

Subchapter A. GENERAL PROVISIONS

22 TAC §361.6

The Texas State Board of Plumbing Examiners proposes amendments to §361.6 which specifies certain fees charged by the Board, including the fees for renewal of Master Plumber Licenses, Journeyman Plumber Licenses, Master and Journeyman Endorsements for Medical Gas Piping Installation and Water Supply Protection Specialist.

The proposed amendments to §361.6 are in compliance with Senate Bill 187 (77th Legislature) which established the Texas Online Authority and Senate Bill 645 (77th Legislature) which requires state occupational licensing agencies, including the Texas State Board of Plumbing Examiners, to raise license and endorsement fees to pay for the development and use of "Texas Online", a state web site for electronic occupational license transactions. The first categories of plumbing licenses that will be available to be renewed online are Master Plumber Licenses and Journeyman Plumber Licenses, including Medical Gas Installation and Water Supply Protection Specialist Endorsements. The Texas Online Authority has advised the Board that the online renewal of these licenses and endorsements will be implemented by June 30, 2002. The Texas Online Authority is requiring the Board to begin collecting the additional fees on August 1, 2002. The Master and Journeyman Plumber License and Endorsement renewal fees that were set by the Texas Online Authority are:

Master Plumber License renewal to increase by $5 (from $175 to $180 annually);

Master Medical Gas Endorsement renewal fee to increase by $5 (from $50 to $55 for 3 years);

Master WSPS Endorsement renewal fee to increase by $5 (from $50 to $55 for 3 years);

Journeyman Plumber License renewal fee to increase by $2 (from $25 to $27 annually);

Journeyman Medical Gas Endorsement renewal fee to increase by $2 (from $12 to $14 for 3 years);

Journeyman WSPS Endorsement renewal fee to increase by $2 (from $12 to $14 for 3 years).

Online renewal for other plumbing licenses and registrations will be added later on a date to be determined by the Texas Online Authority.

Robert L. Maxwell, Administrator of the Texas State Board of Plumbing Examiners, has determined that there will be a fiscal impact for persons required to comply with these rule amendments. For the first five-year period that the rules are in effect, persons who renew the following licenses or endorsements will pay increased fees in the following amounts:

Master Plumber License--$25

Master Medical Gas Endorsement--$25

Master WSPS Endorsement--$25

Journeyman Plumber License--$10

Journeyman Medical Gas Endorsement--$10

Journeyman WSPS Endorsement--$10

Mr. Maxwell also has determined that each year of the first five years the rules are effect there should be no fiscal impact on state and local government as well as small businesses. The public benefit anticipated as a result of enforcing these rules will be the ability for individuals to renew the above described licenses and endorsements using the Internet and paying with a credit card. The Board will also expend fewer resources processing renewals, which will allow the Board to use the saved resources to provide better customer service to the public and all of its licensees and registrants.

Comments on the proposed rule changes may be submitted within 30 days of publication of these proposed rule amendments in the Texas Register , to Robert L. Maxwell, Administrator, Texas State Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas 78765-4200.

The amendments to §361.6 are proposed under and affect Texas Revised Civil Statutes Annotated Article 6243-101 ("Act"), §5(a), Senate Bill 187 (77th Legislature), Senate Bill 645 (77th Legislature) and the rule it amends. Section 5(a) of the Act authorizes, empowers and directs the Board to prescribe, amend and enforce all rules and regulations necessary to carry out the Act. Senate Bill 187 (77th Legislature) which established the Texas Online Authority and Senate Bill 645 (77th Legislature) which requires state occupational licensing agencies, including the Texas State Board of Plumbing Examiners, to raise license and endorsement fees to pay for the development and use of "Texas Online", a state web site for electronic occupational license transactions.

No other statute, article or code is affected by this proposed amendment.

§361.6.Fees.

(a) The Board has established the following fees:

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

(3) Renewals

(A) Master license-- $180 [ $175 ];

(B) Journeyman license-- $27 [ $25 ];

(C) Medical gas installation endorsement (Master)-- $55 [ $50 ];

(D) Medical gas installation endorsement (Journeyman)-- $14 [ $12 ];

(E) (No change.)

(F) Water supply protection specialist endorsement (Journeyman)-- $14 [ $12 ];

(G) Water supply protection specialist endorsement (Master)-- $55 [ $50 ];

(H) - (N) (No change.)

(4) (No change.)

(b) (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 10, 2002.

TRD-200202904

Robert L. Maxwell

Administrator

Texas State Board of Plumbing Examiners

Earliest possible date of adoption: June 23, 2002

For further information, please call: (512) 458-2145