The Texas legislature is considering various bills during its legislative session that may impact the Texas Department of Licensing & Regulation (TDLR). TDLR licenses, monitors, and regulates dozens of licensed professions for compliance with the rules and regulations that apply to them. As a result, licensed professionals should be aware of these potential changes, as failure to do so could result in disciplinary charges.
While this overview does not contain an exhaustive list of all pending legislation, it will summarize some of the most potentially consequential legislation. In addition to the bills listed below, legislation concerning various healthcare occupations and the automatic tracking of continuing education credits required for licensure is pending.
No matter your situation, a professional license defense lawyer can help. We aim to assist you with your licensing board proceedings and achieve the most positive outcome possible in your case.
Barbering and Cosmetology
Various bills before the state legislature relate to barbering and cosmetology, including HB 705 and SB 1905, which both relate to the Cosmetology Licensure Compact. Another set of bills – HB 837 and HB 1788 – relate to instruction and continuing education for these professionals on identifying and assisting victims of domestic violence, sexual assault, and human trafficking.
SB 101 and SB 378 relate to permissible and prohibited practices by a barber or cosmetologist. For instance, SB 378 would prohibit a barber or cosmetologist from making an incision into the dermis layer of a person’s skin to inject medicine or other substances unless they are properly licensed to do so.
Finally, HB 2676 concerns abnormal skin growth education for barbers and cosmetologists and their liability for certain medical referrals.
Behavior Analysts
TDLR also licenses and monitors behavior analysts. HB 586 relates to expedited credentialing for licensed behavior analysts providing services under a managed care plan. HB2276 and SB 962 relate to providing certain benefits, including applied behavior analysis, behavior supports, and associated evaluation services, through telecommunications or information technology.
Both HB 1365 and SB 168 state that any attempt to change the sexual orientation of a child by mental health providers constitutes unprofessional conduct. SB 400 requires parental consent for psychological or psychiatric examination, testing, or treatment conducted by a school district employee.
Driver Education & Safety
HB 3012 and HB 3026 increase fees and costs associated with driver education and safety courses and driver’s license examinations for certain students. HB 3352 requires the curriculum of driver education and driving safety courses to include information about construction or maintenance work zones.
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Electricians
HB 1360 and SB 783 involve certain regulations adopted by governmental entities to construct or alter residential or commercial buildings. On the other hand, HB 1817 deregulates certain activities and occupations.
HB 1874 defines the scope of work a master electrician is authorized to perform. SB 764 contains procedures for a hearing by TDLR resulting from the denial of an electrician’s license or disciplinary action against an electrician.
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Health Professions – General
HB 541 concerns providing direct patient care by physicians and health care practitioners. HB 861 and SB 268 relate to the procedure for individuals to make
HB 997, SB 471, and SB 397 address the provision of telehealth and telemedicine medical services by certain health professionals outside Texas, requiring registration to engage in an occupation and authorizing related fees. HB 1700 relates to certain records of a health professional providing telemedicine medical, teledentistry dental, or telehealth services. Meanwhile, HB 2631 and SB 392 outline prohibited facility fees for telehealth and telemedicine medical services, providing an administrative penalty for violations of this law.
HB 3415 clarifies and expands the definition of certain prohibited practices related to advertising and billing for health professionals. This bill also authorizes an administrative penalty for violating the new rules.
HB 3588 relates to patients’ rights, consumer protection, and directives for providing health care services. SB 754 concerns informed consent requirements before the provision of health care services.
Massage Therapy
HB 491 establishes certain civil penalties collected for violations of laws regulating massage therapy. HB 2776 and SB 703 address the criminal and licensing consequences for committing certain offenses by massage establishments, massage schools, massage therapists, and massage therapy instructors.
HB 1562 concerns massage student permits. HB 3945 outlines circumstances that make entities ineligible for massage establishment and school licenses and other prohibitions on those entities.
Orthotists & Prosthetists
HB 1756 and HB 2532 more clearly define the duties and authority of advanced practice registered nurses, as well as address some licensure issues. HB 3150 relates to billing and reimbursement for certain medical equipment, devices, and supplies provided to Medicare enrollees. SB 918 addresses exemptions to licensure and regulation of orthotists and prosthetists.
Property Tax Professionals
HB 192 concerns the selection of the chief appraiser of an appraisal district and authorizing a certain fee. Additionally, HB 1766 requires an appraisal district to rely on an appraisal of real property prepared by an appraiser and be submitted to the district by the property owner when determining the property’s value.
Speech-Language Pathologists & Audiologists
HB 1660 addresses the licensing of certain education professionals as licensed specialists in school psychology. SB 905 eliminates provisional licenses for audiologists. SB 1843 concerns the audiology and speech-language pathology interstate compact.
General Criminal History & Occupational Licensing
HB 2498 and SB 1053 outline additional consequences of a criminal conviction on a person’s eligibility for an occupational license. HB 3673 and SB 1080 address issuing a provisional occupational license to certain applicants with criminal convictions.
HB 3860 addresses the eligibility of an inmate for certain occupational licenses and the practice of certain occupations by an inmate of the Texas Department of Criminal Justice. SB 1628 explains how public employers or TDLR may consider criminal history record information of license applicants.
Contact Your Texas Professional License Defense Lawyers Today
Our experienced professional license defense attorneys at Bertolino LLP know the ins and outs of disciplinary proceedings before the TDLR. We will advocate for you to be in the best position to obtain the necessary licensure. Together, we will work to help you maintain your license and professional future. Call us at (512) 980-3751 or contact us online.
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