Blog : Texas Professional License Defense Law Firm : Bertolino LLP

September 19, 2018 Posts

Texas Athletic Trainers – Amendments to Administrative Rules

Athletic Trainers in Texas must be licensed by the Texas Department of License and Regulation (TDLR). Pursuant to Texas Senate Bill 202, the TDLR took over the Athletic Trainers program in October of 2016. In the first year under the TDLR, Texas Athletic Trainers saved $10,966.50 in administrative fees. The TDLR recently adopted amendments to the administrative rules for Athletic Trainers. The Agency states that the adopted rules are necessary to implement Texas House Bill...

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September 18, 2018 Posts

Continuing Education Requirements Due Before Renewal of Texas Insurance Agent or Adjuster License

Before renewing their licenses, Texas insurance agents and adjusters must complete their continuing education credits and pay any fines or fees that are due. The Texas Department of Insurance (TDI) governs agent and adjuster licensing as well as company licensing and registration through the Agent and Adjuster Licensing Office (AAL). The TDI requires a certain amount a continuing education (CE) credits depending on the type of license it issues. The purpose of CE is to...

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September 17, 2018 Posts

Texas Journeyman Industrial Electrician Applications Now Available

Texas House Bill 1696 amended the Texas Electrical Safety and Licensing Act to provide for the licensing of Journeyman Industrial Electricians. Under the Texas Electrical Safety and Licensing Act, an applicant for a license to be a Journeyman Industrial Electrician must: have at least 8,000 hours of on-the-job training as a licensed electrical apprentice under the supervision of a master electrician, and pass a journeyman industrial electrician examination administered under this chapter. OCC §1305.1601. You...

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September 14, 2018 Posts

Sign Requirement for Texas Cosmetology Establishments – Regarding Assistance to Victims of Human Trafficking

Cosmetology includes professional skills in haircare, skin care, cosmetics, manicures and pedicures, and certain hair removal services. Cosmetologists and businesses that offer cosmetology services are regulated by the Texas Department of Licensing and Regulations (TDLR). Cosmetology Establishments in Texas are required to post a sign with information concerning services and assistance available to victims of human trafficking. This requirement is pursuant to Texas House Bill 2552, and requires a licensed cosmetology facility to display a...

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September 13, 2018 Posts

BON Board Order Discipline Regarding Employment, Drug Screening, and Other Reports – Texas Board of Nursing

The Texas Board of Nursing (BON) has the authority to take disciplinary action against nurses who are found to violate the Nursing Practice Act, Board rules, or other laws. BON will issue a Board Order, which will contain findings of fact, conclusions of law, and terms of the Order. Once the Order is ratified by BON, the nurse has a duty to comply with the terms of the Order, or risk further sanctions, such as...

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September 12, 2018 Posts

The Duties of Texas Nurses in any Practice Setting

The Texas Board of Nursing (BON) protects and promotes the welfare of the people of Texas through regulating nursing practice and placing an emphasis on a nurse’s responsibility and duty to provide safe, effective nursing care. Through the Nursing Practice Act, BON Rules, and publishing position statements, the Board delineates the duties and responsibilities that Texas LVNs and RNs owe to their patients. The Board addresses the duty of a nurse in any practice setting...

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September 11, 2018 Posts

Texas Medical Board Enacts Rule Amendments

The Texas Medical Board (TMB) recently adopted amendments to the rules for physician licensure in Texas. Updates to Procedural Rules on Physician Licensure A number of the amendments deal with the procedural rules after the TMB receives a complaint against a Texas doctor. The title of section §187.18 is changed to "ISC Scheduling, Process, and Procedures." This section was formerly entitled "Informal Show Compliance Proceeding and Settlement Conference Based on Personal Appearance." In §187.76(c)(3) the...

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September 10, 2018 Posts

TDLR Releases Its Strategic Plan for FY 2019 – 2023

The Texas Department of Licensing and Regulation (TDLR) provides oversight for a broad range of occupations, businesses, facilities, and equipment used by Texas businesses. The TDLR is responsible for managing 40 programs assigned to it by the Texas legislature. It issues licenses, certificates, permits, and registrations for the professions it regulates, and investigates and resolves complaints received against its licensees. The Agency released its Strategic Plan for Fiscal Years 2019–2023. In the section on Strategic...

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August 16, 2018 Posts

What is Administrative Law?

Administrative law "encompasses laws and legal principals governing the administration and regulation of government agencies." Essentially, administrative law is the body of law that regulates the operation and procedures of governmental agencies. An attorney who practices administrative law either carries out government work or works with government regulations. For example, a professional license defense attorney practices in administrative law. Importance is placed on the powers granted to administrative agencies, the rules those agencies enact, and...

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August 15, 2018 Posts

Hearsay Exceptions for Administrative Hearings Before SOAH

The Texas Rules of Evidence (TRE), which govern nonjury civil cases in district court, apply to contested cases at the State Office of Administrative Hearings (SOAH): "except that evidence inadmissible under those rules may be admitted if the evidence is: (1) necessary to ascertain facts not reasonably susceptible of proof under those rules; (2) not precluded by statute; and (3) of a type on which a reasonably prudent person commonly relies in the conduct of...

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