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 4007, and to “remove unnecessary provisions; make editorial corrections; and update the rule language to reflect current exam practices.”
The Agency drafted and distributed the proposed rules to individuals internal and external to the agency. The proposed rules were published in the February 9, 2018, issue of the Texas Register (43 TexReg 690), with a deadline for public comment in mid-March. The TDLR did not receive any comments during the 30-day public comment period.
The Advisory Board of Athletic Trainers met in April, 2018, and recommended the proposed rules be adopted without changes. Then at its meeting held on May 24, 2018, the Texas Commission of Licensing and Regulation adopted the proposed rules without changes as recommended by the Advisory Board.
Amendments to Administrative Rules for Texas Athletic Trainers
The adopted amendments to Application Requirements removed unnecessary provisions related to HB 4007 and renumbered the section accordingly. The rule on Athletic Trainer Application Requirements now reads:

  • Unless otherwise indicated, an applicant must submit all required information and documentation of credentials on department-approved forms.
  • An applicant must submit the following required documentation:
    • a completed application on a department-approved form;
    • official transcript(s)/documentation of all relevant college work showing successful completion of education requirements and apprenticeship hours;
    • the form providing information regarding other state licenses, certificates, or registrations that an applicant holds or held, if applicable;
    • proof of successfully completing the jurisprudence examination no more than six months prior to the date of application; and
    • the fee(s) required under §110.80.
  • The applicant must successfully pass a criminal history background check.
  • The department will notify the applicant regarding whether the applicant qualifies to take the license examination.
  • Pursuant to Texas Occupations Code, Chapters 51 and 451, the commission or the executive director may deny the application for a violation of the Act.
  • If after review the department determines that the application should not be approved, the department shall give the applicant written notice of the reason for the proposed decision and of the opportunity for a hearing under Texas Government Code, Chapter 2001.

16 Tex. Admin. Code §110.20.
The newly adopted amendment to §110.80 reduces the fees for license renewals and temporary licenses so that they are not more expensive than the initial license fee. The initial license application fee for a two-year license, the temporary license fee, and the renewal license application fee are all set at $160.00. The amended Rule also clarifies that those fees are paid to the Department’s designee rather than to the Department itself.
Many of the adopted rule changes focus on clarifying the language of the Rules and renumbering or restructuring the rules, as needed.
Complaints Filed with the Texas Department of Licensing and Regulation
If a complaint is filed against your Athletic Trainer license, or other professional license issued by the Texas Department of Licensing and Regulation, you have the right to defend yourself and the right to an attorney. Hiring an attorney to help you mount a strong defense serves to protect your license, reputation, fiscal interests, and your career; it does not make you look guilty.
Our firm believes that immediately consulting an experienced license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
If you have been notified of a complaint filed against you with a licensing board, agency, or commission in Texas, BERTOLINO LLP can help. We are experienced license defense attorneys and we know how to navigate the complaint process against any professional, medical, or vocational license. We are prepared to represent you at any legal hearing or proceeding regarding your license.
Contact us today or call (512) 476-5757 and schedule a case evaluation.
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