An experienced occupational license defense attorney at Bertolino LLP can represent your interests in any proceedings before the Texas Department of Licensing & Regulation (TDLR). We can review the licensure issues that your case involves and work to develop strategies to resolve those issues most effectively. When you are facing disciplinary proceedings, you will benefit from the services of a vocational license defense lawyer to protect your license and career. We can provide strong legal counsel to assist you throughout your disciplinary matter.
Summary of the Proposed Changes to the Continuing Education Requirements
TDLR has established an individualized enforcement plan for the various occupations it licenses and violations that may occur, including violations related to continuing education requirements. Almost all occupations licensed by TDLR have some continuing education or training requirements, and failure to meet those requirements can result in disciplinary action.
In July 2024, TDLR proposed rule changes at 16 Tex. Admin. Code §60 et al. related to continuing education requirements. The proposed changes include:
- Creating a new audit system for verifying compliance with continuing education requirements to renew licenses in some TDLR-administered programs;
- Allowing a continuing education audit after license renewal;
- Ensuring that a continuing education audit does not delay the renewal;
- Requiring license holders to keep continuing education records for two years after license renewal; and
- Provide a process for license holders to complete deficient continuing education after receiving notice of the deficiency.
Comments on the proposed rule changes may be submitted online. The Department will accept comments from the public until August 19, 2024.
16 Tex. Admin. Code §§60.700 and 60.701
The TDLR has proposed two new rules that would create an audit system to verify compliance with continuing education (CE) requirements for license renewal in the following programs administered by the agency:
- Court-Ordered Education Programs
- Laser Hair Removal
- Midwives
- Speech-Language Pathologists and Audiologists
- Hearing Instrument Fitters and Dispensers
- Licensed Dyslexia Practitioners and Therapists
- Athletic Trainers
- Massage Therapy
- Orthotists and Prosthetists
- Dieticians
- Code Enforcement Officers
- Sanitarians
- Mold Assessors and Remediators
The TDLR must complete a CE audit before it can process a license renewal. Even if the licensee provides the CE records promptly, it can take significant time for the TDLR to conduct the audit and process the renewal. This inefficient process creates a risk of the license expiring before the TDLR can issue the renewal due to no fault of the licensee. The proposed rules would alleviate this problem by allowing the CE audit to occur before, during, or after the license renewal process.
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These occupations must submit to CE audits because the law allows licensees to fulfill their CE requirements by completing activities not provided by CE providers that report directly to the TDLR. This process is much different from that of many occupations that require CE to be completed with an agency-approved CE provider.
Additionally, §60.701 requires license holders to maintain their CE records for at least two years after the TDLR issues the license renewal.
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The new rule provides a process for these licensees to renew their licenses even if they are deficient in the CE requirements required for the most recent renewal. To maintain their licensure, the licensee must complete all their deficient CE requirements within 90 days of the notice of deficiency. Completing deficient CE requirements, whether on one’s own or as part of a disciplinary action, does not apply to CE requirements for the next license renewal.
Finally, a licensee is subject to disciplinary action for any of the following:
- Failure to submit continuing education records within 30 calendar days after notification of the audit;
- Providing false information during the audit process or the renewal process;
- Being deficient in the continuing education required for the most recent renewal of the license; or
- Failure to complete all deficient continuing education within 90 calendar days after notification of the deficiency.
Rely on Bertolino, LLP, to Defend Your Occupational License
You need an experienced vocational license defense attorney to represent you if you are having difficulties obtaining a license or when you receive a complaint that could adversely impact your license. We recognize the high stakes of these proceedings and what they could mean for your career. We will tirelessly defend you against the licensure or disciplinary proceedings you are facing and work tirelessly to advance your interests. Contact Bertolino LLP today at (512) 980-3751 or visit us online.
Call or text (512) 476-5757 or complete a Case Evaluation form
