The Texas Department of Licensing and Regulation (TDLR) licenses and regulates dozens of programs for Texas professionals. The Texas Legislature transfers programs to the TDLR with the intention to consolidate regulation of certain industries and offer efficient and streamlined governance of TDLR regulated programs.
The TDLR Office of Strategic Communication recently released a report outlining the streamlining of rules for 13 programs transferred from the Department of State Health Services (DSHS) to the TDLR under the 84th Texas Legislature. The TDLR strives to reduce regulatory burdens. One way it achieves this goal is by reducing the word court for each of the program's rules. The goal in cutting the word count is to streamline the rules and "to make rules clear, concise, and easier to read – without impacting their effectiveness."
Rule Word Count Reduction under TDLR
For example, the DSHS Rule Word Count for the Laser Hair Removal program was 23,317, and under the TDLR Rules Word Count is 7,503, representing a 68% decrease in the Rule's word count. The DSHS Rule Word Count for Athletic Trainers was 12,860, and under the TDLR Rules Word Count is 5,255, representing a 59% decrease in the Rule's word count.
Previously the 13 programs transferred from DSHS to TDLR by the 84th Texas Legislature had 244,654―almost a quarter of a million―words comprising all the program's rules under DSHS. Those same 13 programs under the revised TDLR Rules have 134,287 words. Overall the word count for these 13 programs' Rules have been reduced by 45%.
Impact of Rule Word Count Reduction
The decrease in the word count of a program's Rules may make them more concise, and perhaps easier to read; however, that does not necessarily mean the Rules are more "clear" as the TDLR purports. In fact, a reduction in the Rules may make it less clear what constitutes a violation of the program's regulations or licensing rules. If then you are facing a complaint against your TDLR license, it may be more challenging to defend your license against an attack.
The TDLR handles complaints filed against the professionals it licenses and the businesses and facilities it licenses. In 2017 the agency opened 12,054 complaints. If during the course of a complaint investigation, the TDRL finds that a licensee violated a TDLR Rule or state law, the agency has the power to assess penalties and sanctions against any individual or entity it licenses. Sanctions may include license suspension or revocation.
Hire an Experienced License Defense Attorney
If you have been notified of a complaint filed against you with the Texas Department of Licensing and Regulation, BERTOLINO LLP can help. We are experienced TDLR license defense attorneys and we know how to navigate the agency's complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license.
Our Firm believes that immediately consulting an experienced TDLR license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board or state agency, contact us today or call (512) 717-5432 and schedule a case evaluation.